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
... natural reward , although they influence him to provide for the pleasure and comfort of the one so exercising the influence . Other influences less worthy may still be lawful ; they may be specific and direct with- out being undue . It ...
... natural reward , although they influence him to provide for the pleasure and comfort of the one so exercising the influence . Other influences less worthy may still be lawful ; they may be specific and direct with- out being undue . It ...
Page 881
... natural affection . Thus a testatrix , ninety - four years of age , without near kindred , made a will leaving all her property to one who had sustained toward her the relation of a daughter for many years . Although her memory had ...
... natural affection . Thus a testatrix , ninety - four years of age , without near kindred , made a will leaving all her property to one who had sustained toward her the relation of a daughter for many years . Although her memory had ...
Page 884
... natural ties , and this suspicion is increased when any controlling influence is shown to have been exercised , or is seen to have been in a position to have been exercised , in oppo- sition to the canons of descent and distribution ...
... natural ties , and this suspicion is increased when any controlling influence is shown to have been exercised , or is seen to have been in a position to have been exercised , in oppo- sition to the canons of descent and distribution ...
Page 885
... natural affection would select as the beneficiaries of the testator's bounty . Ac- cordingly , we find it held that when the testator's mind was very feeble at the time he executed the will , render- ing him liable to undue influence ...
... natural affection would select as the beneficiaries of the testator's bounty . Ac- cordingly , we find it held that when the testator's mind was very feeble at the time he executed the will , render- ing him liable to undue influence ...
Page 886
... natural results , even in influencing last wills . How- ever great the influence thus generated may be , it has no taint of unlawfulness . There can be no presumption of its actual unlawful exercise merely from the facts that it is were ...
... natural results , even in influencing last wills . How- ever great the influence thus generated may be , it has no taint of unlawfulness . There can be no presumption of its actual unlawful exercise merely from the facts that it is were ...
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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...