A Treatise on Wills: Vol. IBoD – Books on Demand, 19 Οκτ 2023 - 900 σελίδες Reprint of the original, first published in 1880. |
Περιεχόμενα
Dublin Case1857 | xli |
Chambers v St Louis1860 | xlvi |
BY WHAT LOCAL LAW WILLS ARE REGULATED | 1 |
Girard Will Binneys Argument 495 Rose Will Dwights Argument 501 Perin v Carey1860 | 2 |
Ancillary probate | 8 |
This act affects British subjects only | 14 |
Residence of necessity | 23 |
Joint wills | 31 |
What constitutes a will of personalty and copyholds | 244 |
Paper rejected on account of an uncompleted form of attestation | 245 |
Where testator is prevented from performing the concluding act of authenti cation | 246 |
Contents of paper must be complete | 247 |
Presumption against unfinished papers Informal paper intended as present will | 248 |
Wills made since the year 1837 | 249 |
This provision repealed by 15 and 16 Vict c 24 | 252 |
Alteration Acknowledgment of signature by testator | 253 |
Form of wills | 33 |
Instruments in the form of deeds agreements c held to be testamentary | 34 |
Instrument commencing as an indenture but ending as a will entitled articles of agreement | 36 |
Contemporaneous deed and will both held to be testamentary | 37 |
Instrument in form of deedpoll held testamentary | 38 |
Whether property professedly settled by deed was liable to legacy duty | 40 |
Settlement reserving life interest to settlor with power of revocationheld that the property was not liable to legacy duty | 42 |
Instrument sealed stamped and registered not testamentary Rule in probate court as to instruments testamentary in substance | 43 |
Bills notes c held testamentary | 44 |
Instruments in the form of present or past gifts held testamentary Likewise deeds inter partes | 45 |
Probate refused as to papers in form of letters | 46 |
Instrument not made testamentary by postponing enjoyment Probate of part of an instrument of a power of attorney | 47 |
how far conclusive as to personalty | 48 |
realty | 50 |
personalty | 52 |
Original will may be examined by court of construction | 53 |
As to probate of testamentary appointments | 54 |
Probate of wills of married women | 56 |
Effect of 1 Vict c 26 in checking informal and irregular testamentary papers | 57 |
CHAPTER III | 58 |
Wills of infants | 59 |
Testamentary appointment of guardians by infants | 60 |
Wills of idiots | 63 |
persons deaf and dumb | 65 |
lunatics Fraud | 66 |
In case of weakness of mind strong proof required as to knowledge of contents of will | 67 |
Will prepared by legatee or in favor of medical attendant | 68 |
In such case capacity must be proved | 70 |
Part of will may be void and the rest valid | 71 |
Inquisition prima facie evidence of testamentary incapacity | 72 |
Lucid intervals 73 In what unsoundness of mind consists | 73 |
Sanitya disposing mind sufficient | 77 |
Disability of coverturewhence arising | 79 |
as to estates at common law uses equitable interests personalty by contract or with assent of husband property settled to separate | 82 |
produce and accumulations thereof savings out of maintenance pinmoney | 83 |
Wife of exile may make will | 84 |
Wife of felonconvict transported for life may make will Subsequent confirmation of will originally void | 85 |
Devises by aliens | 86 |
traitors and felonsrealty | 87 |
personalty | 89 |
Effect of 1 Vict c 26 upon disabilities of testators | 90 |
Mode of computing age Idiots | 91 |
Senile dementia | 93 |
Drunkards | 97 |
Maniaapotu | 98 |
Insanity | 99 |
what is classification of mental incapacity | 100 |
Insane delusions | 101 |
what amounts | 103 |
Insanity moral and legal Sanity presumption of whether of law or of fact | 104 |
Evidence as to capacity | 111 |
Suicide not conclusive evidence of insanity Will may be set aside for imbecility short of actual insanity | 112 |
Influence of religious impressions will not amount to incapacity Partial insanity | 113 |
Admissibility of opinion of witnesses in matters of testamentary capacity | 115 |
Fraud and undue influence | 131 |
cannot be presumed | 133 |
Undue influence must be proved but may be proved circumstantially | 136 |
Transactions between guardian and ward | 138 |
Entire change from former intention strong evidence of undue influence | 139 |
Kindness and attention do not per se constitute undue influence | 140 |
Influence arising from unlawful relations is an undue influence | 141 |
Burden of proof of undue influence Undue influence not always a ground for setting aside a will | 142 |
CHAPTER V | 180 |
A trust of freehold or copyhold lands declared in favor of an alien went to | 186 |
CHAPTER VI | 197 |
Sealing insufficient | 204 |
each witness sufficient | 212 |
Applicability of attestation to several testamentary papers will and codicil | 217 |
Animus attestandi What constitutes a sufficient attestation | 218 |
Due execution when presumed | 219 |
Presence of testator what amounts to it Mental consciousness essential | 221 |
Sufficient if testator might have seen | 222 |
Testator and witnesses need not be in the same house Mere contiguity not sufficient if the testators view be interrupted Testator must be capable of se... | 223 |
Where testator is unable to move without assistance blind | 224 |
Credibility of witnesses | 225 |
Reference to extrinsic documents allowable Incorporation of document | 228 |
Probate of incorporated documents | 231 |
Testator cannot by his will empower himself to dispose by an unattested codicil | 232 |
Devisee to be ascertained by future event or | 233 |
General charge of legacies extends to legacies given by unattested codicil | 234 |
Hereinafter how construed | 235 |
Sum charged specifically and exclusively upon land not recoverable by unat tested codicil | 236 |
As to personal estate and copyholds 238 Statute 29 Car II c 3 19 concerning nuncupative wills | 238 |
What a good execution of a will of personalty | 239 |
Principles adopted by ecclesiastical courts in adjudicating on the validity of wills | 242 |
Copyholds not within the statute of frauds | 243 |
Simultaneous presence of witnesses | 254 |
Attestation clause is unnecessary | 255 |
Defective execution supplied by reference express or implied | 260 |
Unexecuted alterations when rendered valid by subsequent codicil | 267 |
Question whether children must spring from subsequent marriage | 276 |
By burning canceling tearing or obliterating | 282 |
By alteration of estate | 308 |
By void conveyances | 329 |
depending on completeness of revoking will | 335 |
Rule where several wills are subsisting at death | 341 |
CHAPTER VIII | 362 |
Republication negatived by contracts of codicil itself | 369 |
Whether under old law republication brings property comprised in a lapsed | 375 |
Roman Catholics | 381 |
Jews What are charitable uses Force of English statutes in the United States | 382 |
English mortmain acts only local | 386 |
American mortmain acts | 387 |
Force of statute of Elizabeth in the United States | 390 |
Louisville1867 | 391 |
What are not charitable uses | 397 |
Bequests to be given in private charity | 400 |
Bequests not necessarily charitable on account of professional or official charac ter of legatee | 401 |
Legacy may be charitable though payable at once to individuals to poor relations is not charitable | 402 |
unless intended as a perpetual pro vision | 403 |
Uncertain object | 404 |
donee | 409 |
Incapacity as a corporation | 410 |
Misnomer of corporation | 411 |
Unincorporated societies | 412 |
Decree to be incorporated | 413 |
No failure for want of trustee | 414 |
Failure for want both of trustee and definite beneficiary | 415 |
Meaning of benevolent charitable | 416 |
Charity held the sole purpose notwithstanding doubtlul expressions | 417 |
Distinction where the gift is for charitable and other ascertained objects though apportionment left to trustees | 418 |
Trustees declining to apportion donees take equally | 419 |
Policy of early times in regard to charity | 420 |
Statute of Geo II c 36 | 422 |
Sum charged on land for testator and not yet raised | 423 |
Legacy partly real and partly personal void pro tanto | 424 |
Property savoring of realty Early decisions as to canal shares and debentures Shares in joint stock companies not within the | 425 |
Railway debentures 428 not within the | 428 |
Debentures of other companies Growing crops Arrears of rent Tenants fixtures | 429 |
Bequests of proceeds of real estate and of money to be laid out in land to charity illegal | 430 |
Recommendation to purchase mandatory Option to trustee bequest is good | 432 |
Starke1872 | 502 |
Origin of the rule How regarded by the early judges | 503 |
Period for which vesting of estates may be suspended Statute of perpetuities how far applicable to charities | 504 |
New York statute of perpetuities | 515 |
Period to be computed from testators death | 519 |
Executory devise to arise on an indefinite failure of issue void unless engrafted on an estate tail 520 Difference between an executory devise and a re... | 520 |
Term of years whether ulterior or precedent to estate tail | 524 |
Execntory limitation whether precedent or subsequent | 525 |
Whether a remainder which is destructible can be void for remoteness Devise of a reversion may be void when a similar devise of a remainder would... | 526 |
A different rule applies to contingent limitations by way of remainder in equit able interests | 527 |
Gifts to an unborn class to vest after majority | 529 |
Gift of personal estate to a class which may comprise objects too remote void as to | 530 |
Gift to a class including a named person | 531 |
What constitutes a gift to a class | 534 |
Where the remote gift is substitutional that alone fails | 537 |
Otherwise where it is concurrent | 538 |
Vesting of personal property given in strict settlement must not be deferred till any tenant in tail attains twentyone | 540 |
Rule against perpetuities does not apply to accumulations for payment of debts | 541 |
As to provisions for grandchildren Testator may mould his disposition according to subsequent events | 542 |
Devise to a person who might not answer a certain qualification within allowed period held void irrespective of event | 543 |
Gift to unborn person for life valid | 547 |
As to successive limitations to unborn persons who must come in esse within the allowed period | 548 |
As to gifts in remainder expectant on estate for life to unborn person | 550 |
An interest which does not vest within the period is void though alienable | 551 |
Old rule fixing extent of prospective accumulation of income | 573 |
Accumulation for payment of testators debts good | 579 |
Trusts where effect is to produce accumulation held to be within the statute | 586 |
Verbs in present tense | 592 |
CHAPTER XI | 617 |
Doctrine in reference to gifts to classes | 623 |
General doctrine as to destination of sums payable out of land | 629 |
CHAPTER XII | 643 |
Gift of an indefinite part void except where the will furnishes grounds for esti | 649 |
Distinction between a gift of the whole except an unascertained part and a gift | 656 |
Blanks left for names | 663 |
Where gift in trust though discretional | 680 |
Where the gift is for the douees absolute use precatory words do not create | 686 |
Meaning of the rule requiring certainty of object and subject for a precatory | 693 |
Distinction where given in first instance absolutely | 700 |
| 816 | |
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. 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 circumstances clause codicil common law Conn conveyance copyholds court court of equity coverture Curt death deceased declared deed devise dispose disposition doctrine domicile effect entitled equity evidence Ex'rs 6th execution executor fact feme covert freebench freehold gift Gratt Greenl Hagg Harr heir held insanity instrument intention interest intestate Jones jury lands legacy legatee Lord Lord Eldon lucid interval marriage ment Metc mind opinion paper party Penna personal estate personalty Phillim presumption Prob probate proof proved pur autre vie question real estate Redf reference revocation revoked rule sanity signature signed Smith stat statute of frauds subscribed sufficient testament testamentary testamentary capacity testator testator's three witnesses tion trust ubi supra unattested undue influence valid Vict void wife words