Commentaries on the Law of Wills: Embracing Execution, Interpretation and ... - John E. Alexander - Google Books

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670. Who are residuary devisees or legatees....

671. Residuary devises and legacies usually classed as general....

672. Position of the residuary clause...

673. Describing property in the residuary clause, effect of.....

674. Residuary clause, descriptive words: "rest,' "residue," and

675. The same subject: "Balance".

676. The same subject: "Not otherwise disposed of”.

677. Residuary clause: Construction controlled by intention: Expres-

sions considered......

678. As to real property acquired after the execution of the will being

covered by the residuary clause......

679. What passes under residuary devises and bequests.

680. The same subject: Presumptions......

681. The same subject: Lapsed and void legacies....

682. The words "cumulative" and "substitutional" as applied to

683. Intention controls as to whether or not legacies are cumulative or

684. Bequeathing a specific article twice....

685. Two gifts, in the same will, to one person: When cumulative... 1013

686. Two gifts, in different instruments, to the same persons: For

same amount and same expressed reason, not cumulative..... 1014

687. The same subject: With different reasons expressed, or for differ-

ent amounts, are cumulative....

688. The same subject: When given simpliciter, are cumulative...... 1015

689. Substituted or additional legacies: Subject to incidents of first

ABATEMENT OF LEGACIES.

690. Abatement defined: Order in which legacies abate..

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697. Legacies given for a valuable consideration.

698. Legacy to widow in lieu of dower....

699. The same subject: The will may provide that such legacies abate 1031

700. Legacy or devise in exercise of a power of appointment.... ... 1031

701. Additional legacies given by codicil..

702. Order in which legacies are stated is immaterial.

703. Time of payment generally immaterial.....

704. Relationship of legatee to testator generally immaterial..........

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711. The same subject: The class of legacy to which each is applicable 1043

712. Effect of ademption......

713. Adeemed or satisfied legacies not revived by republication or

716. Ademption by act of testator: Delivery by testator to legatee... 1049

717. Ademption by loss or destruction of property specifically be-

718. Ademption by alienation of property bequeathed....

719. Ademption by change in form of property bequeathed....

720. The same subject: Conversion after testator's death, or while he

is of unsound mind......

721. Ademption by removal of property..

722. Ademption by fulfillment of purpose for which legacy was given 1055

723. Satisfaction of general legacies....

724. Where legatee is a stranger: Presumptions.

725. Legacy of a debt paid before testator's death...

726. Legacy to debtor by creditor: No presumption that debt is for-

727. The same subject: Parol evidence of intention...

728. Legacy to creditor as satisfaction of debt: General rule.

729. The same subject: Exceptions to general rule......

730. The term "advancements"

732. The same subject: Gift by parent to spouse of child.....

733. Legacy must precède advanced portion in point of time, otherwise

no deduction....

734. Presumption as to advanced portions: General rule.....

735. The same subject: Slight differences between gift and legacy.... 1074

736. The same subject: Exceptions to general rule......

737. Reason for presumption of satisfaction of legacy by advanced por-

738. Advancements, value thereof, and interest thereon..

739. Statutory regulations as to gifts and advancements.....

740. Evidence of testator's intention: Statutory regulations and pro-

visions of the will......

741. The same subject: Parol declarations and other evidence...

742. The same subject: Oral declarations: By whom, time when made,

and parties present.

743. The same subject: Declarations against interest.

744. A devise of real property fails if the testator has no interest

therein at his death......

745. The same subject: Effect of re-acquiring ownership..

746. The same subject: Effect of agreement to sell...

Effect of mortgage..

747. The same subject:

748. The same subject: Realty directed to be converted into money.. 1089

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754. Illustrations of the regulation in the Victorian Statute of Wills.. 1098

755. Construction of terms used in the statutes: "Descendants,'' "'rel-
atives," and "lapse".

756. Beneficiary dead when will is executed, or dying before testator 1101

757. Conditional or contingent legacies or devises may lapse.

758. Legacy given to pay a debt owing to legatee....

761. The same subject: Contingent charges: "Exception" differs

764. Effect of failure of residuary devise or legacy..

765. Divorce will not cause a lapse.

766. Object of devise failing....

767. Gifts to joint tenants and tenants in common.

768. Death of beneficiary before or after title vests....

769. Death of life tenant does not cause gift of remainder to lapse... 1115

770. Testator may, by provisions in his will, prevent lapse....

774. The same subject: Gift to beneficiary "and his heirs".

775. The same subject: Gift to beneficiary "or his heirs".

776. The same subject: Construing "and" as "or," and "or" as

777. To whom the benefit of lapsed legacies and devises accrues.

778. The same subject......

779. To whom the benefit of void legacies and devises accrues.

780. The same subject.

781. General rule as to lapsed or void legacies or devises.

CHAPTER XXVIIL

CHARGES FOR PAYMENT OF DEBTS AND LEGACIES.

782. As to liability of heir, devisee, or legatee for debts of decedent:

Common law rule......

783. The same subject: Statutory changes...

784. Order in which property is resorted to for payment of debts.... 1138

785. Personal property of estate is primarily liable for debts and lega-

786. Direction in will that all debts and legacies be paid....

787. The same subject: Construed, if possible, as referring to per-

788. The same subject: Doubtful expressions.

789. Direction in will that executor pay all debts and legacies.... 1145

790. Presumption where testator knows the personalty is inadequate.. 1147

791. Waste of personalty by executor....

794. Common law rule as to debts secured by mortgage..

795. The same subject: Expressions of intent.

796. The same subject: Exceptions to rule...

797. Testamentary gift of mortgaged property: Modern rule..

798. Effect of blending realty with personalt▾

799. Effect of realte ged personalty being blended in the residuary

300. Whether the charge is upon the devise or upon the devisee.

-01. The same subject.............

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808. Conversion depends on intention of testator: How expressed.

809. Time when conversion is considered to take place.....

810. Effect of failure of purpose for which sale was directed......

811. Realty converted into personalty does not bar dower, but other-

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814. Immaterial whether or not testator knew he did not own the prop-

erty disposed of......

815. When presumption arises that testator intended to dispose of his

own property only: Community property.....

816. The same subject: Where testator had only a partial interest in

property devised....

817. Doctrine of election founded on equitable principles...

818. Nature of cases calling for election.....

819. Manner in which intent to put widow to her election must be

823. Right of election is personal: Reasons for election immaterial... 1195

824. The same subject: Creditors can not force survivor to claim stat-

utory rights as against the will......

825. Court may make election for donee if he be alive but incapable of

826. Acts constituting election....

827. Election made through ignorance, fraud, or mistake may be

repudiated ....

828. Election by estoppel...

829. The same subject: Where the widow is executrix..

830. The same subject: Effect of acceptance of benefits under will... 1203

831. What law governs election in case of conflict......

832. Waiver of dower includes claim of dower in lands conveyed by

husband alone during coverture..

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