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

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833. Rights of widow who elects to take under will, as to intestate

834. Rights of widow as affected by debts of husband...

835. Rights of widow where property reverts to estate because of her

836. Election against the will: Rights of widow....

837. Rights affected by widow electing against the will...

838. The same subject: Where widow relinquishes life estate: Doctrine

of acceleration ......

839. Effect on balance of will of election to take under the statute.... 1218

WORDS DESCRIPTIVE OP CLASSES OF BENEFICIARIES.

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

841. The same subject.....

842. Children en ventre sa mere....

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

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

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

846. Illegitimate child as heir of the mother.

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

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

849. The same subject: Modern tendency..

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

851. The same subject....

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

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

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....

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

857. "Relatives” or “relations'' as a class: As to the date which

determines who are included......

858. Who included in the term "representatives” or “legal repre-

859. Who included in the term “nephews" or

860. Who included in the term "cousing'

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

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...

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

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

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

868. In what proportion beneficiaries collectively designated take; per

capita or per stirpes....

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

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''.

872. The same subject...

873. Gifts to a class defined..

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

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

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

877. Where beneficiaries are designated both by individual names and

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

each is mentioned....

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

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

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

nated as a class....

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

a certain age.....

883. The same subject.

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

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

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

attaining specified age.......

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

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

preceding estate...

888. The doctrine generally where enjoyment of benefits depends upon

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

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

and contingent remainders......

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

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

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

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

by a life estate: English rule....

895. The same subject: American decisions....

896. The same subject: Intention of testator...

897. Aecrued interest of one survivor generally does not pass at his

death to remaining survivors...

CHAPTER XXXL

RULE IN SHELLEY'S CASE.

898. Rule in Shelley's Case defined.....

899. Purpose of the rule......

900. Reasonableness of the rule......

901. A rule of law and property, not of construction..

902. Circumstances under which the rule is applicable.....

903. Limitation must be to heirs of first taker, in their capacity as such

904. Effect of a limitation to the heirs of the heirs.

905. The rule as applied to equitable estates.....

906. The same subject: Estates in trust....

907. Where the remainder is vested or contingent.

908. The rule as applicable to gifts of personalty.

909. Effect of words of limitation and of purchase.

910. "Heirs” as a word of limitation.....

911. Rule does not apply where the limitation is to particular heirs... 1334

912. The same subject: “Heirs' as meaning "children"..... 1335

913. “Children” as a word of purchase....

914. "Children” as a word of limitation..

915. Where the limitation is to “issue” or “issue of the body'). 1341

916. Burden of proof.....

917. Where rule in Shelley's Case prevails, and where abolished by

DEVISES OF ESTATES IN TEE SIMPLE-WORDS OF LIMITATION.

918. Common law rule as to words of limitation.....

919. The same subject: The word “heirs" unnecessary.

920. Context may show intent to pass the fee.....

921. The same subject: Effect of use of word "estate"

922. The same subject: Effect of use of such words as “property'' or

Il real effects".....

923. The same subject: Effect of use of such words as “forever,"

"absolutely," or "exclusively”

924. Where devise is upon conditions, or in trust....

925. Where devisee is charged with payment of debts...

926. Devise of life estate with no gift over.....

927. Devise coupled with power of disposition...

928. The same subject......

929. The same subject: Where devise is limited to a life estate, or

power of disposition is restricted..

930. Gift over of what remains unexpended by devisee..

931. Where fee is devised, rights of devisee can not be limited.... 1359

932. As to cutting down a devise in fee by subsequent provisions in the

933. The same subject..

934. The same subject: Where the exp ssions are of doubtful me ng 1363

935. Statutory changes regarding words of limitation..... ... 1364

936. The same subject: Creation of estates generally: Limited to those

recognized by law...

CHAPTER XXXIII.

ESTATES TAIL BY DEVISE.

937. Estates tail defined.......

938. The same subject: As to personalty....

9:39. Effect of the statute de donis on conditional fees.....

940. Converting estates tail to fees simple by fine or common recovery 1370

941. Estates tail in the United States: Statutory regulations.. 1371

942. Words sufficient to create an estate tail.......

943. The same subject..

944. The same subject: Statutory requirements..

945. Adding words of inheritance....

946. "Issue" as a word of limitation or of purchase..

947. Creation of estates tail by implication: Gift over if devisee“ die

without issue'.

948. “Die without issue': At common law meant indefinite failure

949. The same subject: Statutory changes..

950. The same subject: Referring to death of first devisee.

951. The same subject: Referring to death of testator...

952. “Children'' as a word of purchase...

953. “Children" as a word of limitation..

954. Children not in being: Rule in Wild's Case....

955. The same subject.....

956. The same subject: Will speaks as of date of testator's death.... 1390
CHAPTER XXXIV.

TESTAMENTARY GIFTS: LIFE ESTATES.

957. Life estates defined......

958. Common law rule and statutory changes..

959. Words sufficient to create life estates...

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

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

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

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

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

965. Creation of estates by implication..

966. The same subject: Exceptions....

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

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

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

973. Life estate coupled with absolute power of disposition.

974. The same subject: Statutory regulations...

975. Life estate with limited power of disposition..

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

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

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

979. Gift of income of personal property.

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

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

bequests distinguished...

982. Compelling security from life tenant of personalty.

983. Respective rights of life tenant and remainderman..

984. The same subject: Extraordinary dividends from stock.

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

986. The same subject: Massachusetts rule...

987. The same subject: Pennsylvania rule.

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

VESTED AND CONTINCENT INTERESTS.

989. Vested and contingent interests generally..

990. Effect of expressions of contingency.

991. Where the contingency occurs during lifetime of testator.

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