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 875
... fact that the mind of the testator is brought into harmony with such ap- peals or importunities is not sufficient to show undue influence ; his views must be radically changed , for so long as his mind is not overborne and rendered ...
... fact that the mind of the testator is brought into harmony with such ap- peals or importunities is not sufficient to show undue influence ; his views must be radically changed , for so long as his mind is not overborne and rendered ...
Page 878
... fact that the beneficiaries of the will hav- ing by kind offices and congenial intercourse acquired considerable influence over the testatrix , and having requested , or " teased " her to make provisions in their favor , was not ...
... fact that the beneficiaries of the will hav- ing by kind offices and congenial intercourse acquired considerable influence over the testatrix , and having requested , or " teased " her to make provisions in their favor , was not ...
Page 879
... fact that he was , at the time of the execution of his will , surrounded by interested persons , does not render the ... facts do not imply immunity from undue influence . The theory of the issue is that the testator did not freely ...
... fact that he was , at the time of the execution of his will , surrounded by interested persons , does not render the ... facts do not imply immunity from undue influence . The theory of the issue is that the testator did not freely ...
Page 880
... fact , in a legal sense , undue influence can be exercised only upon those possessing testamentary capacity , for if such capacity be lacking , the testator can not make a valid will.39 § 583. Mental Weakness , in Conjunction With Other ...
... fact , in a legal sense , undue influence can be exercised only upon those possessing testamentary capacity , for if such capacity be lacking , the testator can not make a valid will.39 § 583. Mental Weakness , in Conjunction With Other ...
Page 889
... fact.60 § 590. Illicit Relationship Alone Raises No Presumption of Undue Influence . The mere fact that illicit relations exist between a man and a woman raises no presumption of undue influence because of a testamentary disposition by ...
... fact.60 § 590. Illicit Relationship Alone Raises No Presumption of Undue Influence . The mere fact that illicit relations exist between a man and a woman raises no presumption of undue influence because of a testamentary disposition by ...
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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 declarations dispose disposition dower estate tail evidence 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 personalty precatory presumption provision real estate realty References remainder remainderman residuary rule rule against perpetuities rule in Shelley's Smith 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 - 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 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 1620 - Case, 41 defined a charitable or pious gift to be 'whatever is given for the love of God, or for the love of your neighbor, in the catholic and universal sense, — given from these motives and to these ends, — free from the stain or taint of every consideration that is personal, private, or selfish.
Page 945 - ... liberally construed so as to give effect to the intention of the parties...
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.
Page 1272 - The same rule applies where a devise or bequest is made to a person and the children of another person, or to a person described as standing in a certain relation to the testator and the children of another person standing in the same relation, as to 'my son A and the children of my son B...