Commentaries on the Law of Wills: Embracing Execution, Interpretation and Administration, Including Those Rules of Real Property and Principles of Equity which Effect Testamentary Dispositions, with Full References to American and English Statutes and Decisions, and Also an Appendix Containing Forms and Precedents, and the Leading Wills Acts, Volume 2 |
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Page 849
... legatee to testator generally immaterial ......... . 1034 705. Devastavit by executor ..... 1035 706. To make up share of a pretermitted heir .. 1036 707. Burden of proof ... 1036 CHAPTER XXVI . ADEMPTION AND SATISFACTION OF LEGACIES ...
... legatee to testator generally immaterial ......... . 1034 705. Devastavit by executor ..... 1035 706. To make up share of a pretermitted heir .. 1036 707. Burden of proof ... 1036 CHAPTER XXVI . ADEMPTION AND SATISFACTION OF LEGACIES ...
Page 851
... legatees or devisees . 1118 773. The same subject : Words of inheritance ... 1119 774. The same subject : Gift to ... legatee for debts of decedent : Common law rule ...... 783. The same subject : Statutory changes ... 1136 1137 784 ...
... legatees or devisees . 1118 773. The same subject : Words of inheritance ... 1119 774. The same subject : Gift to ... legatee for debts of decedent : Common law rule ...... 783. The same subject : Statutory changes ... 1136 1137 784 ...
Page 891
... legatee , until the legislature , upon consid . erations of public policy , shall think proper further to abridge the right of an owner to dispose of his property . - In re Hess ' Will , 48 Minn . 504 , 31 Am . St. Rep . 665 , 51 N. W. ...
... legatee , until the legislature , upon consid . erations of public policy , shall think proper further to abridge the right of an owner to dispose of his property . - In re Hess ' Will , 48 Minn . 504 , 31 Am . St. Rep . 665 , 51 N. W. ...
Page 893
... legatee , does not in itself create a presumption of undue influence so as to call upon the court to reject the will unless addi- tional evidence is produced to prove the knowledge of its contents by the deceased . It is , however , a ...
... legatee , does not in itself create a presumption of undue influence so as to call upon the court to reject the will unless addi- tional evidence is produced to prove the knowledge of its contents by the deceased . It is , however , a ...
Page 897
... legatee , who may also be named as executrix of a will , is the cousin and friend as well as the nurse and business partner of the testatrix , has been said not to create a fiduciary relationship . " When the relationship of parent and ...
... legatee , who may also be named as executrix of a will , is the cousin and friend as well as the nurse and business partner of the testatrix , has been said not to create a fiduciary relationship . " When the relationship of parent and ...
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Other editions - View all
Commentaries on the Law of Wills: Embracing Execution, Interpretation and ... John E. Alexander No preview available - 2015 |
Commentaries on the Law of Wills: Embracing Execution, Interpretation and ... John Edmundson Alexander No preview available - 2015 |
Common terms and phrases
adeemed ademption Admr Allen Appeal applied Attorney Beav beneficiary benefit bequeathed bequest Brown charge charitable child Clark clause common law condition Conn construed contingency court create Davis debts dispose disposition dower estate tail executor executory devise expressed Exrs favor fee simple fund given heirs held husband intention interest intestacy Iowa issue Johnson Jones Kenaday L. J. Ch land lapse legacy or devise legatee limitation Mass Misc Moore N. J. Eq N. Y. Supp Ohio St payment person personalty precatory presumption provision real estate realty References remainder remainderman residuary rule rule against perpetuities rule in Shelley's Smith specific legacy spendthrift trust Stat statute taker tate tator tenant Tenn testamentary gift testator's testator's death testatrix tion trust undue influence vested void widow wife words
Popular passages
Page 1087 - ... subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Page 949 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate, and succeeds thereto as provided in the preceding section.
Page 1455 - ... all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will...
Page 1128 - ... unless a contrary intention shall appear by the will. XXV. And be it further enacted, That, unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise...
Page 1585 - ... in order to create a trust, it must appear that the words were intended by the testator to be imperative ; and when property is given absolutely and without restriction, a trust is not to be lightly imposed, upon mere words of recommendation and confidence.
Page 945 - ... liberally construed so as to give effect to the intention of the parties...
Page 1049 - And be it further enacted, that no conveyance or other Act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an Act by which such will shall be revoked...
Page 1620 - ... for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 1167 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 1649 - They may, and indeed must, be for the benefit of an indefinite number of persons ; for if all the beneficiaries are personally designated, the trust lacks the essential element of indefiniteness, which is one characteristic of a legal charity.