The Law of Wills in Michigan: With Forms

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F.S. Drake, 1911 - 444 σελίδες

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25 In General
25
841
28
No 49
31
Section
33
Sufficient Direction
42
No
51
REVOCATION AND REVIVAL
53
No
57
Section Page 96 Revocation by Conveyance
58
Will Revoking Conveyance
59
Implied Revocation
60
100 Agreement as to RevocationStatute of Frauds
61
102 Revocation of Mutual Wills
62
104 Changes Not Contemplated by the Law
63
107 Statute Relating to Exclusion of Children
64
CHAPTER VI
66
110 Heirs
67
111 Children and Grandchildren
68
112 Disposition To a Class Definition
69
113 Time of Taking as to Disposition to a Class
70
116 Miscellaneous Religious Societies Municipal Corporations
71
119 Exclusion of Heirs
72
CHAPTER VII
73
121 Description by Name of Owner
74
125 Property
75
128 Life Insurance
76
131 Pecuniary Legacy
77
CHAPTER VIII
79
No 34
90
135 Types of Particular Legacies and Devises 137 Ademption Advancement
94
138 Lapsed and Void Legacies Survivorship Substitution
95
No
96
139 Charges of Debts and Legacies Upon Specific Property
97
140 Liabilities on Devises and Bequests
99
CHAPTER IX
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
146 Estate in Fee Limitations Repugnant and Inconsistent Provisions
107
147 Estate for Life Limitations Repugnant and Inconsistent Provisions
108
Estates
109
149 The Rule in Shelleys Case
110
151 Executory Devise and Contingent Remainder
112
152 A Conditional Fee
113
154 Estate in Severalty
114
156 Estate for Life with Power of Control or Disposition
115
157 Estates Created in Personal Property
116
158 Annuities and Incomes
117
159 The Enforceability of a Gift of Income Charged with Support
118
161 Duration of Annuities
119
CHAPTER X
120
163 Words Sufficient to Create a Trust
122
167 Precatory Words
124
168 Purposes of Trusts
125
169 Construction of Testamentary Trusts
126
171 Effect of Failure of a Trust
128
172 Power Definition
129
311
130
CHAPTER XI
131
175 Creation of Vested and Contingent Estates
132
176 Distinction Between Vested and Contingent Estates
133
177 Opening of Vested Remainders for Newly Born Remainderman
134
179 Contingency Resting Upon Person
135
182 When a Vested Estate is Divested
136
183 Property Out of Which Legacies Are Payable or Charged
137
185 Construction of Vested and Contingent Estates
139
CHAPTER XII
140
187 Condition Regarding Marriage
141
188 Condition Forfeited
142
191 Conditions of Restraint or Alienation
143
CHAPTER XIII
144
193 Perpetuity Definition
145
194 Distinction Between the Three Aspects of the Rule
146
195 The Object of the Rule
147
213 All Rights of Property Alienable
156
216 When Estate Created
160
218 Remainder Created in Favor of One Not in Being at Time of Testators Death
161
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
226 When the Power of Alienation Never Would be Suspended
166
228 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
230 The Distinction Between the Palms Will Case and the Niles Will Case
169
233 Construction of Statute
170
234 Accumulation
171
236 The Object of the Statute Forbidding Accumulations
172
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
241 Statutes Relating to Time When Charitable Devises Must be Made
175
CHAPTER XIV
179
244 The Statutory Right
181
245 Common Law and Statutory Rule
184
247 Failure to File Notice of Election in Time
186
249 Who May Exercise the Right
187
253 Void Will Not to be Rendered Valid by Election
188
254 A Widow When Not Precluded
189
CHAPTER XV
191
259 Payment of Legacies Time Fixed by Will Rule When Not Fixed
192
261 Interest on Legacies
193
263 Waiver Abandonment and Forfeiture
194
264 Title of Devises and Legatees
195
265 Election Between Proceeds and Bequest
196
267 Support and Maintenance
197
268 Transactions Between Devisees or Legatees
198
269 Bequests to Creditors
200
271 Actions by Devisees or Legatees
201
CHAPTER XVI
202
273 Interpretation and Construction
203
274 Favorable Construction of Wills
204
275 Precedents
205
276 Intention of the Testator
209
278 How the Intention is Ascertained From the Words of the Will
210
279 How Intention to be Ascertained From Situation and Circumstances
212
280 How to Ascertain General or Particular Intention
214
282 Language of Instrument
215
283 Construction in Favor of Instrument
216
284 Time from which the Will Speaks
217
285 The Rule in Shelleys Case Abolished
218
287 Construction as to Time When Estate Vests
219
289 Bequests on Condition
220
293 What Law Governs
221
CHAPTER XVII
222
296 Revocability of the Contract
224
297 Conveyances Made to Defeat Rights Under Contract
225
298 Statute of Fraud as to Contracts for Making Wills
226
299 Equity Compel Conveyance of Land
227
CHAPTER XVIII
228
304 Nature of Probate Jurisdiction
229
305 The Power of the Court as to Extent
231
306 Equity Jurisdiction in Probate Courts
232
27 Fraud
233
308 Delay as to Probates
234
310 Necessity of Probate
235
314 The Probate of Will Relates Back to Death of Testator
236
Undue Influence
241
324
243
CHAPTER XX
249
Unnecessary to Show Freedom of Influence
253
CHAPTER XXI
255
Extrinsic Testimony to Aid Construction
286
No 36
303
CONTEST CLAUSE
319
78
325
CONSTRUED WILLS
384
DEFECTIVE WILLS
413
Table of Cases Cited

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Σελίδα 176 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, 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.
Σελίδα 159 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Σελίδα 40 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Σελίδα 154 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age. For the purposes of this section, a minority is deemed a part of a life, and not an absolute term equal to the possible duration of such minority.
Σελίδα 290 - ... will, a court may inquire into every material fact relating to the person who claims to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs ; for the purpose of enabling the court to identify the person or thing intended by the testator, or to determine the quantity of interest he has given by his will.
Σελίδα 394 - Know all men by these presents, that I, Henry Strominger, of the township of Xewberry, in the count}' of York, and State of Pennsylvania, yeoman, being in good health and of sound and disposing mind and memory, do make and publish this my last will and testament, hereby revoking all former wills by me at any time heretofore made.
Σελίδα 71 - ... nephews' ; but In legal language the question whether a gift Is one to a class depends, not upon these considerations, but upon the mode of gift Itself, namely, that It is a gift of an aggregate sum to a body of persons uncertain in number at the time of the gift, to be ascertained at a future time, and who are all to take in equal or in some other definite proportions ; the share of each being dependent for its amount upon the ultimate number of persons.
Σελίδα 98 - When any estate is devised or bequeathed to any child, or other relation of the testator, and the devisee or legatee dies before the testator, leaving lineal descendants, such descendants take the estate so given by the will, in the same manner as the devisee or legatee would have done had he survived the testator.
Σελίδα 387 - Testator, as and for his last will and testament in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names as Witnesses thereto.
Σελίδα 296 - Know all men by these presents, that I, Hattie C. Ruddell, of the county of Beaufort and state of South Carolina, being in ill health but of sound and disposing mind and memory, do make and publish this, my last will and testament...

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