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Beo.
Page.
833. Rights of widow who elects to take under will, as to intestate
property
1209
.......
834. Rights of widow as affected by debts of husband..
1211
835. Rights of widow where property reverts to estate because of her
remarriage ....
1212
836. Election against the will: Rights of widow....
1213
837. Rights affected by widow electing against the will...
838. The same subject: Where widow relinquishes life estate: Doctrine
of acceleration .....
1214
... 1217
839. Effect on balance of will of election to take under the statute.... 1218
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..
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"
or "relations".
1252
857. "Relatives" or "relations" as a class: As to the date which
determines who are included.....
1254
858. Who included in the term "representatives" or "legal repre-
sentatives"
1255
859. Who included in the term "nephews" or "nieces"'
1257
860. Who included in the term "cousins''.
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.
864. The same subject: Effect of divorce.....
865. Gift with limitation over in event of death of beneficiary..
1266
1267
Seo.
866. The same subject: "Die without issue': English rule......
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 ....
870. The same subject: Directions by the testator as to division...... 1276
871. The same subject: Where testator directs division "equally" or
876. Members of class dying before testator are excluded......
877. Where beneficiaries are designated both by individual names and
.... 1284
as a class......
1286
.....
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
.... 1298
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....
... 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......
890. Remainder over to a class upon termination of life estate: Vested
and contingent remainders.....
1303
1304
891. When word "survivor" is construed to mean "other".
892. The same subject: Where gift to survivors depends upon a con-
tingency
........ 1306
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
897. Accrued interest of one survivor generally does not pass at his
death to remaining survivors..
1315
901. A rule of law and property, not of construction.
1322
902. Circumstances under which the rule is applicable..
1324
903. Limitation must be to heirs of first taker, in their capacity as such
heirs ....
1326
904. Effect of a limitation to the heirs of the heirs..
1327
909. Effect of words of limitation and of purchase..
910. "Heirs' as a word of limitation.....
1332
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....
1337
914. "Children" as a word of limitation.
1339
915. Where the limitation is to "issue" or "issue of the body". 1341
916. Burden of proof......
1342
...
917. Where rule in Shelley's Case prevails, and where abolished by
statute
CHAPTER XXXII.
DEVISES OF ESTATES IN FEE SIMPLE-WORDS OF LIMITATION.
918. Common law rule as to words of limitation....
1345
919. The same subject: The word "heirs" unnecessary.
1346
920. Context may show intent to pass the fee....
1349
921. The same subject: Effect of use of word "estate”.
1351
922. The same subject: Effect of use of such words as "property'' or
"real effects".
1352
923. The same subject: Effect of use of such words as "forever,'
"absolutely," or "exclusively"..
1353
Sec.
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.....
1354
1355
927. Devise coupled with power of disposition..
928. The same subject...
1356
....
929. The same subject: Where devise is limited to a life estate, or
power of disposition is restricted....
1357
930. Gift over of what remains unexpended by devisee...
1358
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
will ....
1360
933. The same subject....
1361
934. The same subject: Where the expressions are of doubtful meaning 1363
935. Statutory changes regarding words of limitation......
936. The same subject: Creation of estates generally: Limited to those
recognized by law...
1364
1366
CHAPTER XXXIII.
ESTATES TAIL BY DEVISE.
937. Estates tail defined......
938. The same subject: As to personalty....
939. Effect of the statute de donis on conditional fees....
1367
1368
1369
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..
946. "Issue" as a word of limitation or of purchase....
1374
1375
1376
1377
947. Creation of estates tail by implication: Gift over if devisee "die
without issue'.....
..... 1379
948. Die without issue': At common law meant indefinite failure
of issue..
1380
949. The same subject: Statutory changes....
1381
950. The same subject: Referring to death of first devisee.
1382
951. The same subject: Referring to death of testator...
956. The same subject: Will speaks as of date of testator's death.... 1390
1384
1385
1387
1388
1389
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
1396
1397
1399
1400
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
973. Life estate coupled with absolute power of disposition.
1411
1413
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.
981. Personalty consumable in its use: Specific and general or residuary
984. The same subject: Extraordinary dividends from stock.
1428
991. Where the contingency occurs during lifetime of testator.
1434