A Treatise on Wills, Τόμος 1F.D. Linn, 1880 |
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Σελίδα xvi
... tion has been by steps . 308. Destruction must be in the presence of the testator . Under the old law . Section III . By alteration of estate . By acquisition of new estate . 309. Not by change of a contingent remainder to a vested ...
... tion has been by steps . 308. Destruction must be in the presence of the testator . Under the old law . Section III . By alteration of estate . By acquisition of new estate . 309. Not by change of a contingent remainder to a vested ...
Σελίδα 3
... tion being disregarded . Lynch v . Para- * guay , L. R. , 2 P. & D. 268 . 3. 4 Kent 513 , 514 ; McConnell v . Wilcox , 1 Scam . 373 ; Smith v . Union Bank , 5 Peters 518 ; Irving v . McLean , 4 Blackf . 52 ; Meese v . Keefe , 10 Ohio ...
... tion being disregarded . Lynch v . Para- * guay , L. R. , 2 P. & D. 268 . 3. 4 Kent 513 , 514 ; McConnell v . Wilcox , 1 Scam . 373 ; Smith v . Union Bank , 5 Peters 518 ; Irving v . McLean , 4 Blackf . 52 ; Meese v . Keefe , 10 Ohio ...
Σελίδα 5
... tion had nothing to do with the question , and that Att . - Gen . v . Jackson went upon a mistaken notion of the testator's domi- cile , which was supposed in D. P. to have been in India , whereas in fact it was in England ; at the same ...
... tion had nothing to do with the question , and that Att . - Gen . v . Jackson went upon a mistaken notion of the testator's domi- cile , which was supposed in D. P. to have been in India , whereas in fact it was in England ; at the same ...
Σελίδα 36
... tion of future property contained in a marriage contract is not a legacy . It is a donation inter vivos , and at the death of the donor becomes a debt of his succes- sion . Succession of McCloskey , 29 La . Ann . 237. But the will must ...
... tion of future property contained in a marriage contract is not a legacy . It is a donation inter vivos , and at the death of the donor becomes a debt of his succes- sion . Succession of McCloskey , 29 La . Ann . 237. But the will must ...
Σελίδα 39
... tion after his death , it was considered as a will . 11 Habergham v . The consequence in this case of holding the instrument to be a codicil to the will was , that it operated on the copyholds , Remark upon but not on the freeholds ...
... tion after his death , it was considered as a will . 11 Habergham v . The consequence in this case of holding the instrument to be a codicil to the will was , that it operated on the copyholds , Remark upon but not on the freeholds ...
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Άλλες εκδόσεις - Προβολή όλων
A Treatise on Wills: Vol. I Thomas Jarman,Joseph Fitz Randolph,William Talcott Περιορισμένη προεπισκόπηση - 2023 |
A Treatise on Wills: Vol. I Thomas Jarman,Joseph Fitz Randolph,William Talcott Περιορισμένη προεπισκόπηση - 2023 |
A Treatise on Wills, Vol. 2 of 2 (Classic Reprint) Thomas Jarman Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2015 |
Συχνά εμφανιζόμενοι όροι και φράσεις
admitted appear appointment Att.-Gen attesting witnesses Barb Beav bequeathed bequest Bradf C. E. Gr charitable clause codicil common law Conn conveyance copyholds court Court of Chancery court of equity coverture Curt death deceased declared deed devise dispose disposition doctrine domicile effect entitled equity evidence Ex'rs 6th execution executor expressly fact favor feme covert freehold gift Gratt Greenl Hagg Harr heir held insanity instrument intention interest Jones judge jury lands legacy legatee lex domicilii Lord Lord Eldon lucid interval ment Metc mind opinion paper party Penna personal estate personalty presumption principle Prob probate proof proved pur autre vie purpose question real estate reference revocation revoked rule sanity signature signed Smith stat statute of frauds sufficient testament testamentary testamentary capacity testator testator's tion trust ubi supra undue influence valid Vict void wife words
Δημοφιλή αποσπάσματα
Σελίδα 250 - And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator,...
Σελίδα 301 - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Σελίδα 603 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Σελίδα 488 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Σελίδα 639 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Σελίδα 711 - Where there is nothing in the context of a will, from which it is apparent that a testator has used the words, in which he has expressed himself, in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case to see whether the meaning of the words be sensible in any popular or secondary sense, of which with reference to these circumstances, they are capable.
Σελίδα 193 - Act it is enacted6 that if any person shall attest the execution of any will to whom, or to whose wife, or husband any beneficial devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of...
Σελίδα 327 - 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.
Σελίδα 282 - And be it further enacted, That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions) . XIX.
Σελίδα 180 - And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...