[References are to pages.] CONCUBINES-Gifts to natural children and concubines, 892. affecting religious freedom, 1510. against contesting will, 1512. against contest has reference to an attempt to thwart the testator's against contest: Where annexed to gifts of personalty: Doctrine of against contest: Where probable cause for contest exists, 1517. change of name, as to, 1509. devise upon conditions or in trust, 1353. distinction between a condition and a limitation, 1495. effect of accepting gift burdened with a condition of payment, or the examples of conditions precedent and subsequent, 1490. forfeiture does not follow unless there is a gift over upon non-perform- limitations distinguished from conditions, 1493. no particular language required to create a condition, 1489. not to induce or invite a divorce or separation, but to make a provision precedent or subsequent according to testator's intention, 1489. repugnant to estate given is void, 1539. requiring reformation and the leading of a moral life, 1507. requiring residence at a certain place, 1507. restraint of marriage, 1522. restraint of marriage: Intent of testator governs whether condition restraint of marriage invalid if annexed to gift of personalty unless restraint of marriage: Limited restraint is valid, 1523. restraint of marriage: That beneficiary marry only with consent of restraint of marriage: Words of condition or of limitation, 1526. restraint of remarriage of widower, 1532. spendthrift trusts. Condition of forfeiture if beneficiary becomes insol- suspending all power of alienation, 1541. testamentary gifts upon condition, 1487. time of performance: Where will prescribes time of performance, 1504. II Com. on Wills-59 [References are to pages.] CONDITIONAL FEES--Effect of the Statute De Donis on conditional fees, 1369. CONDITIONAL LIMITATIONS-Limitations and conditional limitations defined, 1471. CONDITIONAL OR CONTINGENT LEGACIES may lapse, 1104. CONDITIONS PRECEDENT-See Condition. conditions precedent and subsequent defined; conditional legacy or devise, 1488. general effect of conditions precedent, 1491. where conditions precedent are impossible of performance, 1498. CONDITIONS SUBSEQUENT-See Condition. construction favors conditions subsequent, 1493. general effect of conditions subsequent, 1492. in general restraint of marriage, 1524. where conditions subsequent are impossible of performance, 1500. alone does not raise a presumption of undue influence, 900. between testator and beneficiary: Parent and child, 897. CONFLICT OF LAWS-Effect of a conflict of laws upon provisions in lieu CONSENT-Husband or wife may consent to the will of the other; general no consideration necessary to support the consent of a husband or wife CONSIDERATION-No consideration necessary to support the consent of a CONSPIRACY-Declarations of sole beneficiary, 924. CONSTRUCTION favors conditions subsequent, 1493. which will make a distribution as nearly conform to the general rule CONSTRUCTIVE CONVERSION defined, 1167. CONTENTS OF WILL-Knowledge of the contents of the will may be CONTEST-Conditions against contesting will, 1512. conditions against contesting will: Where annexed to gifts of per- condition against contest: Where probable cause for contest exists, condition against contest has reference to an attempt to thwart the what amounts to a contest, 1520. [References are to pages.] CONTINGENCY-Effect of expressions of contingency, 1432. CONTINGENT CHARGES "Exception" differs from "charge,'' 1108. CONTINGENT EXECUTORY DEVISES-Vested and contingent and ex- CONTINGENT INTERESTS-Law favoring vested rather than contingent interests, 1432. perpetuities and trusts to accumulate. Contingent and vested interests vested and contingent interests generally, 1431. vested and contingent interests; gift "payable" when beneficiary vested and contingent interests; contingency that beneficiary be living vested and contingent interests; where payment is postponed for the CONTINGENT REMAINDERS, 1468. See Remainders. alternative contingent remainders, 1470. as affected by the rule as to perpetuities, 1468. effect on contingent remainder of termination of preceding estate, 1477. not liable to levy and sale under execution, 1432. not where legal estate is in trustees, 1468. preferred in law to executory devises, 1475. rule against perpetuities applies to contingent remainder and executory testamentary disposition of contingent and executory interests, 1454. vested and contingent remainders distinguished, 1456. where two contingents are expressed, 1470. CONTRACT-Rule against perpetuities applies to contingent remainders "CONVENIENT"-If convenient, 1601. CONVERSION-Ademption by conversion after testator's death or while he is of unsound mind, 1054. constructive or equitable conversion defined, 1167. depends on intention of testator; how expressed, 1168. effect of failure of purpose for which sale was directed, 1172. realty converted into personalty does not bar dower, but otherwise is time when conversion is considered to take place, 1170. [References are to pages.] CONVEYANCE-Sale and conveyance of realty operate as a revocation of CORPORATE HOLDINGS-Restrictions on corporate holdings of land in CORPORATIONS-Corporations and voluntary associations as trustees of a "COUSINS"-Who included in the term "cousins," 1260, 1292. CREDITOR-Legacy to creditor as satisfaction of debt; general rule, 1062. beneficiaries, 1557. "CUMULATIVE" as applied to legacies, 1010. intention controls as to whether or not legacies are cumulative or two gifts in different instruments to the same persons; for same two gifts, in same will, to one person; when cumulative, 1013. when given simpliciter, are cumulative, 1015. with different reasons expressed, or for different amounts, are cumu- CY PRES, 937. English and American chancery jurisdiction distinguished, 1660. "DAUGHTER, ," when used in the singular tense as nomina collectiva, is DEATH-Apportionment upon death of annuitant; when allowed, 996. gift with limitation over in event of death of beneficiary, 1267. DEBTS-As to liability of heir, devisee or legatee for debts of decedent; charges for payment of debts and legacies, 1135. common law rule as to debts secured by mortgage, 1151. direction in will that executor pay all debts and legacies, 1145. gifts and debts distinguished, 1066. order in which property is resorted to for payment of debts, 1138. 1139. DECLARATIONS-Advancements, declarations against interest, 1084. as proof of the fact of undue influence, declarations not contempora- as to intended manner of disposing of property: Undue influence, 918. DECLARATIONS [References are to pages.] (Continued). forgery: Declarations of testator. Conflict of authority, 915. of executor or one of several beneficiaries: Not admissible in evi- of sole beneficiary: Conspiracy, 924. of one of several beneficiaries: Will void in part only, 923. of testator as evidence of mental condition, 920. of testator are not sufficient to establish the fact of undue influence, they are admissible to show its extent and effect, 923. of testator not proof of facts stated, 917. oral declarations; by whom, time when made, and parties present, 1083. DELINQUENT PAYMENTS—Interest on delinquent payments of an annu- DEMONSTRATIVE LEGACIES-Abatement of, 1026. distinction between specific and demonstrative legacies, 984. "DESCENDANTS," 1238. construed, 1099. DESCRIPTIVE LEGACY-Specific legacy; descriptive words, 977. DESCRIPTIVE WORDS of classes of beneficiaries, 1220. DESIGNATING WORDS refer merely to the successive order in which the "DESIRE," 1579. construed as equivalent to "will," 1599. DESTRUCTION-Ademption by loss or destruction of property specifically DETENTION-Evidence of feebleness and decrepitude, detention and slan- DEVASTAVIT by executor, 1035. "DEVISE," 1358. DEVISES, 1472. See Executory Devises. See Legacy. ademption and satisfaction of legacies and devises, 1038. apparent devise of fee limited by additional provisions to a life estate, by implication, 1403. |