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840. Gifts to "children," who included....

1222

841. The same subject.....

1224

842. Children en ventre sa mere....

1226

843. Illegitimate children: When may take under will...

1227

844. After-born illegitimate children: When may take under will.... 1231

845. Effect of marriage of parents of illegitimate child....

1232

846. Illegitimate child as heir of the mother.

1234

847. Adopted children, how considered.....

1235

848. Who included in term “issue”: Strict rule..

1237

849. The same subject: Modern tendency..

1238

850. Who included in the term "heirs'....

1240

851. The same subject....

1243

852. "Heirs' as a class: As to the date which determines who are

included

1245

853. Who included in the term "next of kin”.

1248

854. The same subject: With reference to the statutes of distribution 1249

855. “Next of kin” as a class: As to the date which determines who

are included....

1250

856. Who included in the term "relatives” "relations'

1252

857. "Relativesor “relations'' as a class: As to the date which

determines who are included......

1254

858. Who included in the term "representativesor “legal repre-

sentatives"

1255

859. Who included in the term “nephews" or

"nieces'

1257

860. Who included in the term "cousing'

1260

861. Who included in the term “family'..

1261

862. Neither husband nor wife is heir or next of kin of the other.... 1263

863. “Husband" or "wife”: Effect of an illegal marriage... 1265

864. The same subject: Effect of divorce...

1266

865. Gift with limitation over in event of death of beneficiary... 1267

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866. The same subject: “Die without issue'': English rulo...... 1267

867. The same subject: American rule....

1269

868. In what proportion beneficiaries collectively designated take; per

capita or per stirpes....

1271

869. The same subject: When reference is had to the statutes of dis-

tribution

1273

870. The same subject: Directions by the testator as to division..... 1276

871. The same subject: Where testator directs division “equally" or

"share and share alike''.

1276

872. The same subject...

1279

873. Gifts to a class defined..

1280

874. Effect of statutes to prevent lapse....

1282

875. The same subject: Circumstances considered.....

1283

876. Members of class dying before testator are excluded..

1284

877. Where beneficiaries are designated both by individual names and

as a class..

878. Manner of designating beneficiaries as a class: Where share of

each is mentioned....

1288

879. Mistake in designating number in class....

1290

880. As of what date members of a class are determined..

1291

881. Effect of additional words of description of beneficiaries desig.

nated as a class....

1294

882. Where gift is to those of a class who attain, or when they attain,

a certain age.....

1295

883. The same subject.

1296

884. The same subject: Where contingency which determines member-

ship of class occurs during testator's lifetime......

1298

885. The same subject: Where the contingency is “youngest” of class

attaining specified age.......

1298

886. Where right to share in benefits depends upon an indefinite future

event ..

1299

887. Where right to share in benefits depends upon termination of a

preceding estate...

1301

888. The doctrine generally where enjoyment of benefits depends upon

a contingency

1302

889. The same subject: As to after-born members of class...

1303

890. Remainder over to a class upon termination of life estate: Vested

and contingent remainders......

1304

891. When word “survivor” is construed to mean "other").

1306

892. The same subject: Where gift to survivors depends upon a con-

tingency ....

.... 1308

893. When gift is direct, words of survivorship refer to testator's

death

... 1309

894. To what date words of survivorship refer when gift is preceded

by a life estate: English rule....

1310
Sec.

CHAPTER XXXL

TESTAMENTARY GIFTS: LIFE ESTATES.

Sec.

Page.

957. Life estates defined......

1393

958. Common law rule and statutory changes..

1394

959. Words sufficient to create life estates...

1395

960. Effect of the use of the word “loan,” or “lend".

1396

961. Gift of rents, issues, profits, income, etc., of land......

1397

962. Gift of the right of use, enjoyment and occupation.

1399

963. Gift of a “home” on certain property...

1400

964. Devise “during widowhood," or "until marriage,'' confers a life

estate ...

1401

965. Creation of estates by implication..

1402

966. The same subject: Exceptions....

1404

967. Creation of life estate by implication....

1405

968. The same subject: Devise to A upon death of B.....

1406

969. The same subject: Gift over if first taker “die without issue”.. 1407

970. The same subject: Where devise to first taker is a life estate. ... 1409

971. The same subject: Where devise to first taker is in fee...... 1410

972. Apparent devise of fee limited by additional provisions to a life

estate .....

1411

973. Life estate coupled with absolute power of disposition.

1413

974. The same subject: Statutory regulations...

1415

975. Life estate with limited power of disposition..

1416

976. Where power of disposition is not exercised...

1418

977. Express devise not affected by subsequent doubtful expressions.. 1418

978. Life estate in personalty: Money....

1420

979. Gift of income of personal property.

1421

980. Life estate in personalty with power of disposition...

1421

981. Personalty consumable in its use: Specific and general or residuary

bequests distinguished...

1423

982. Compelling security from life tenant of personalty.

1425

983. Respective rights of life tenant and remainderman..

1426

984. The same subject: Extraordinary dividends from stock.

1428

985. The same subject: English rule.....

1428

986. The same subject: Massachusetts rule...

1429

987. The same subject: Pennsylvania rule.

1429

988. The same subject: Kentucky rule....

1430

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