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CHAPTER IV.

FORMAL REQUISITES OF A WILL.

$41. External Elements.

842. What Law Governs..

$43. Property Disposition in General.

844. Nature and Validity of a Bequest.

845. Time of Wills Becoming Effectual.

$46. Revocability

$47. Form in General. Statute.

848. Evidence

$49.

Writing

$ 50. Language

$51. Will Written on Several Pieces of Paper.

$52. Reference to Documents to be Incorporated.

$53. Erasures and Interlineations

$54. Certainty of Description.

$55. The Law Applicable to Wills.

$56. Mode and Requisites in Execution.

$57. The Signing by the Testator.

$58. Modes of Signing

859. Signature by Name

$60. Signature by Mark

$61. Time of Affixing Signature.

$62. Signing by Some Other Person for Testator.

863. What Persons May Sign for Testator.

864. Presence of Testator.

$65. Sufficient Direction

$66. Form of Signing

867. Manner of Signing

$68. Signing by Mark

$69. Guiding Testator's Hand

870. Place of Signature on Will

871. Attestation and Subscription

$72. Distinction Between Attestation and Subscription.

$73. Competency of Subscribing Witnesses.

874.

Time of Competency

$75. What Persons are Competent to be Attesting Witnesses.

876. Number of Attesting Witnesses

$77. Value of Testimony of Subscribing Witnesses.

$78. Will Established by Evidence Other Than That of Witnesses.

$79. Evidence of Completion..

880. Presence

881. Presence in Case of Blindness

882. Witnesses to Sign in Presence of Each Other

883. Attestation Clause

884. Will Defectively Executed

885. Acknowledgement

886. Publication

$87. Execution of Mystic or Sealed Testaments.

888. Delegating Power to Appoint Executor

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CHAPTER V.

REVOCATION AND REVIVAL.

$ 89. Animus Revocandi, Evidence, Revocation, Statute.

90. Construction of Statute. Common Law Rule.

91. Effect of a Will Once Revoked by Subsequent One.

92. Revocation by Making Another Will.

$ 93. Execution of Revoking Instrument.

$ 94, Leaving of Will

$ 95. Effect of Subsequent Will as to Revocation. General Rules

53

56

56

57

57

57

58

CHAPTER VI.

DESIGNATION OF BENEFICIARIES AND THEIR SHARES.

$109. Designation in General

$110. Heirs

$111. Children and Grandchildren

$112. Disposition To a Class Definition

$113. Time of Taking as to Disposition to a Class.

$114. Time for Distribution

$115. Distribution Per Stirpes or Per Capita.

$116. Miscellaneous. Religious Societies, Municipal Corporations.

$117. Shares and Division of Estates

$118. Restrictions of Beneficiaries to Specific Amounts.

$119. Exclusion of Heirs

66

67

68

69

70

70

70

71

71

71

72

CHAPTER VII.

DESCRIPTION OF PROPERTY.

$120. Certainty of Description

73

$121. Description by Name of Owner

$122. General and Particular Words.

$123 Inconsistent Descriptions

74

$124. Estate

74

$125. Property

75

$126. Effects

75

$127. Description of Personalty by Location or Use.

75

$128. Life Insurance

76

$ 129. Release of Debts and Obligations

76

$130. Claims of the Testator

76

$131. Pecuniary Legacy

77

$132. Residuary Clause

77

CHAPTER VIII.

DEVISES AND LEGACIES.

$133. Meaning and Use of the Words

79

$134. General Specific, Demonstrative and Residuary

79

$135. Types of Particular Legacies and Devises.

81

$136. Cumulative and Substitutional Legacies

$137. Ademption. Advancement

94

$138. Lapsed and Void Legacies. Survivorship, Substitution.

95

$139. Charges of Debts and Legacies Upon Specific Property

97

ģ140. Liabilities on Devises and Bequests

99

CHAPTER IX.

THE NATURE OF THE ESTATE CREATED.

$141. General Rule of Inheritance

101

$142. Words Necessary to Create Estates in Fee.

102

$143. Words Necessary to Create Life Estates.

104

$144.
Life Estate Created with a Disposition Over.

106

$145. Life Estates in Relation to Direction to Support.

106

$146. Estate in Fee, Limitations, Repugnant and Inconsistent Provisions.... 107

$147. Estate for Life, Limitations, Repugnant and Inconsistent Provisions... 108
CHAPTER XIII.

Section

Page

$148. Statutory Provisions by Which Estates-tail Are Converted Into Other

Estates

109

$149. The Rule in Shelley's Case..

110

$150. Remainders

$151. Executory Devise and Contingent Remainder.

112

$152. A Conditional Fee

113

$153. Estate Created by Use of the Words, “Dying Without Issue"

113

$154. Estate in Severalty

114

8155. Estate in Fee. Devise with Power of Disposition..

114

8166. Estate for Life with Power of Control or Disposition...

115

$167. Estates Created in Personal Property

116

$158. Annuities and Incomes

117

$159. The Enforceability of a Gift of Income Charged with Support.

118

$160. The Income Passes to Whom

118

$161. Duration of Annuities

119

CHAPTER X.

TESTAMENTARY TRUSTS AND POWERS.

$162. Trusts—Testamentary-Elements

120

$163. Words Sufficient to Create a Trust

122

$164. A Certain Subject Matter

122

$165. A Definite Object

122

$166. What Constitutes a Trust and What Does Not.

122

$167. Precatory Words

124

$168. Purposes of Trusts

125

$169. Construction of Testamentary Trusts

126

$170. Duties of Trustees

126

$171. Effect of Failure of a Trust

128

$172. Power. Definition

129

8173. Construction of Testamentary Power.

129

CHAPTER XI.

VESTED AND CONTINGENT ESTATES.

$174. Vesting of Estates

131

$175. Creation of Vested and Contingent Estates.

132

$176. Distinction Between Vested and Contingent Estates.

133

ģ177. Opening of Vested Remainders for Newly Born Remainderman.

134

$178. Vested Defeasible Remainders

134

$179. Contingency Resting Upon Person

135

$180. Difference of Time of Vesting Estates Where Time of Payment is

Postponed

135

$181. The Time When Contingent Estates Become Vested.

135

$182. When a Vested Estate is Divested

136

$183. Property Out of Which Legacies Are Payable or Charged.

137

$184. Types of Contingencies Upon Which Estates Depend.

137

$185. Construction of Vested and Contingent Estates.

139

CHAPTER XII.

CONDITIONS AND RESTRICTIONS.

$186. Conditions

140

$187. Condition Regarding Marriage

141

$188. Condition Forfeited

142

$189. Conditions Relating to Support..

142

$190. Conditions as to Reformation Valid

142

$191. Conditions of Restraint or Alienation

142

$192. Construction of Conditions

142
• 160

PERPETUITIES AND CHARITABLE DEVISES.

8193. Perpetuity. Definition

3194. Distinction Between the Three Aspects of the Rule.

$195. The Object of the Rule

$196. Origin of the Rule

$197. The Rule at Common Law

145

148

147

148

148

Section

Page

$198. The Nature of the Contingency

149

$199. Actual As Well As Possible Events Considered.

150

$200. Alternative Limitations

150

$201. To What Estate and Rights the Rule is Applied.

150

8202. To What Estates and Rights the Rule is Not Applied.

151

$203. The Common Law Rule Modified by Statute...

151

8204. Statute

152

$205. The Object of the Statute

152

$206. The Application of the Doctrine of Perpetuities Under the Statutes. 153

$207. What Rules Obtain Under the Statute.

153

$208. The Effect of the Rule

154

$209. When Power of Alienation is Suspended

155

$210. When Power of Alienation is Not Suspended.

155

$211. The Test of What Constitutes Suspension of Alienation.

155

$212. Restraints Upon Alienation Are Not Favored in Law..

155

8213. All Rights of Property Alienable

156

$214. To What Estates the Rule Relating to the Power of Alienation is

Applied

156

$215. Creation of Future Estates

156

8216. When Estate Created

$217. Time of Remoteness. From What Period to Be Reckoned.

160

$218. Remainder Created in Favor of One Not in Being at Time of Testator's

Death

161

$219. Valid Devises and Bequests Under the Statute.

$220. Invalid Devises and Bequests Under the Statute.

162

$221. Invalid Provisions Cannot be Made by Widow Exercising Her Election. 163

$222. Effect of Violation of the Rule Under the Statute.

164

$223. Effect of Partial Violation of the Rule Under the Statute.

165

8224. The Prevailing Question Under the Statute.

165

$225. All Executory Devise Exceeding the Period of Limitation Set by

Statute

165

$226. When the Power of Alienation Never Would be Suspended.

166

8227. Where a Contingent Remainder Vests as to Alienation.

166

ģ228. Avoiding the Statute in Restraint of Alienation by Clothing Trustees

With Power of Sale

167

$229. Charges of Legacies on Real and Personal Property.

168

3230. The Distinction Between the Palms’ Will Case and the Niles' Will Case 169

$231. An Estate Placed in Trust and Alienation.

169

$232. What Law Governs

169

233. Construction of Statute

170

$234. Accumulation

171

$235. The Rule That Obtains as to Accumulations of Income From Personal

Property

171

8236, The Object of the Statute Forbidding Accumulations.

172

5237. The Rule That Obtains as to Accumulation of Rents and Profits-

Annuities to Children

173

$238. The Rule Concerning a Trust for Accumulation Beyond Period Pre-

scribed

174

8239. Charitable Devises or Uses

174

$240. Constitutional and Statutory Provisions as to Charitable Devises or

Uses

174

8241. Statutes Relating to Time When Charitable Devises Must be Made.... 175

$242. Who May be Beneficiaries

...175

CHAPTER XIV.

ELECTION

$243. The Right in General

179

8244. The Statutory Right

181

$245. Common Law and Statutory Rule

184

8246. Dower in Relation to the Doctrine of Election..

184

$247. Failure to File Notice of Election in Time.

186

9248. Presumption as to "In Lieu of Dower' Under Statutory Rule.

186

$249. Who May Exercise the Right

187

$250. Acts Constituting Election

187

8251. Taking Under Will

187

5252. Taking Against Will

188

$263. Void Will Not to be Rendered Valid by Election

183

$254. A Widow When Not Precluded

189

$255. Taking Under Will Not Entitled to Dower in Addition.

189

$256. Second Wife's Interest in Will Providing for First Wife.

189

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