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CONCUBINES-Gifts to natural children and concubines, 892.
CONDITION-See Condition Precedent, Condition Subsequent.

affecting religious freedom, 1510.

against contesting will, 1512.

against contest has reference to an attempt to thwart the testator's
expressed wishes, 1520.

against contest: Where annexed to gifts of personalty: Doctrine of
in terrorem, 1514.

against contest: Where probable cause for contest exists, 1517.
against making claims against testator's estate, 1511.

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
like, 1502.

examples of conditions precedent and subsequent, 1490.

forfeiture does not follow unless there is a gift over upon non-perform-
ance of the condition, 1505.

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
for support upon the happening of either event, is valid, 1534.
occupation, study and habits, as to, 1506.

precedent or subsequent according to testator's intention, 1489.
predicated upon divorce or separation, 1533.

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
or limitation, 1529.

restraint of marriage invalid if annexed to gift of personalty unless
there is a gift over, 1525.

restraint of marriage:

Limited restraint is valid, 1523.

restraint of marriage: That beneficiary marry only with consent of
certain persons, 1537.

restraint of marriage: Words of condition or of limitation, 1526.
restraint of remarriage of widow, 1530.

restraint of remarriage of widower, 1532.

spendthrift trusts. Condition of forfeiture if beneficiary becomes insol-
vent, 1552.

suspending all power of alienation, 1541.

testamentary gifts upon condition, 1487.

time of performance: Where will prescribes time of performance, 1504.
time within which condition must be performed; where no time speci-
fied, 1504.

II Com. on Wills-59

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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.
CONFIDENTIAL RELATIONSHIP, 887.

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
of dower, 1206.

CONSENT-Husband or wife may consent to the will of the other; general
or specific consent, 939.

no consideration necessary to support the consent of a husband or wife
to the disposition by the other of his or her property, 940.

CONSIDERATION-No consideration necessary to support the consent of a
husband or wife to the disposition by the other of his or her prop-
erty, 940.

CONSPIRACY-Declarations of sole beneficiary, 924.

CONSTRUCTION favors conditions subsequent, 1493.

which will make a distribution as nearly conform to the general rule
of inheritance, 1279.

CONSTRUCTIVE CONVERSION defined, 1167.

CONTENTS OF WILL-Knowledge of the contents of the will may be
shown by circumstances, 929.

CONTEST-Conditions against contesting will, 1512.

conditions against contesting will: Where annexed to gifts of per-
sonalty: Doctrine of in terrorem, 1514.

condition against contest: Where probable cause for contest exists,
1517.

condition against contest has reference to an attempt to thwart the
testator's expressed wishes, 1520.

what amounts to a contest, 1520.

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CONTINGENCY-Effect of expressions of contingency, 1432.

CONTINGENT CHARGES "Exception" differs from "charge,'' 1108.

CONTINGENT EXECUTORY DEVISES-Vested and contingent and ex-
ecutory devises, 1473.

CONTINGENT INTERESTS-Law favoring vested rather than contingent

interests, 1432.

perpetuities and trusts to accumulate. Contingent and vested interests
distinguished, 1675.

vested and contingent interests generally, 1431.

vested and contingent interests; gift "payable" when beneficiary
attains a certain age, 1438.

vested and contingent interests; contingency that beneficiary be living
at a designated time, 1435.

vested and contingent interests; where payment is postponed for the
convenience of the estate, 1444.

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.
must vest at termination of preceding estate, or be defeated; statutory
regulation, 1460.

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
devises, but not to reversions; it applies to property and not to
contract, 1674.

testamentary disposition of contingent and executory interests, 1454.
vested and contingent remainders defined, 1455.

vested and contingent remainders distinguished, 1456.

where two contingents are expressed, 1470.

CONTRACT-Rule against perpetuities applies to contingent remainders
and executory devises, but not to reversions; it applies to property
and not to contract, 1674.

"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
distributed as personalty, 1174.

time when conversion is considered to take place, 1170.

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CONVEYANCE-Sale and conveyance of realty operate as a revocation of
a previous devise thereof, 1085.

CORPORATE HOLDINGS-Restrictions on corporate holdings of land in
the United States, 1614.

CORPORATIONS-Corporations and voluntary associations as trustees of a
charitable trust, 1656.

"COUSINS"-Who included in the term "cousins," 1260, 1292.

CREDITOR-Legacy to creditor as satisfaction of debt; general rule, 1062.
spendthrift trusts. Devises in trust to defeat claims of creditors of

beneficiaries, 1557.

"CUMULATIVE" as applied to legacies, 1010.

intention controls as to whether or not legacies are cumulative or
substitutional, 1010.

two gifts in different instruments to the same persons; for same
amount and same expressed reason, not cumulative, 1014.

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-
lative, 1014.

CY PRES, 937.

English and American chancery jurisdiction distinguished, 1660.
English rule where object or purpose of trust fails, 1665.

"DAUGHTER, ," when used in the singular tense as nomina collectiva, is
word of limitation, 1387.

DEATH-Apportionment upon death of annuitant; when allowed, 996.

gift with limitation over in event of death of beneficiary, 1267.
DEBTOR-Legacy to debtor by creditor; no presumption that debt is for-
given, 1060.

DEBTS-As to liability of heir, devisee or legatee for debts of decedent;
common law rule, 1136.

charges for payment of debts and legacies, 1135.

common law rule as to debts secured by mortgage, 1151.
direction in will that all debts and legacies be paid, 1141.

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.
personal property of estate is primarily liable for debts and legacies,

1139.

DECLARATIONS-Advancements, declarations against interest, 1084.

as proof of the fact of undue influence, declarations not contempora-
neous with the exccution are inadmissible, 917.

as to intended manner of disposing of property: Undue influence, 918.

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DECLARATIONS

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(Continued).

forgery: Declarations of testator. Conflict of authority, 915.

of executor or one of several beneficiaries: Not admissible in evi-
dence.

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.
DECREPITUDE-Evidence of feebleness and decrepitude, detention and
slanders upon beneficiaries of an altered will, throws the burden
of proof upon the proponents of the codicils, 881.

DELINQUENT PAYMENTS—Interest on delinquent payments of an annu-
ity, 995.

DEMONSTRATIVE LEGACIES-Abatement of, 1026.
defined, 985.

distinction between specific and demonstrative legacies, 984.
sources from which they may be directed to be paid, 988.

"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
bequests are made, 1033.

"DESIRE," 1579.

construed as equivalent to "will," 1599.
words of desire, 1579.

DESTRUCTION-Ademption by loss or destruction of property specifically
bequeathed, 1050.

DETENTION-Evidence of feebleness and decrepitude, detention and slan-
ders upon beneficiaries of an altered will, throws the burden of
proof upon the proponents of the codicils, 881.

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.

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