Real property-Continued
distinction between real and
personal property, 62
when lands considered per-
sonal property, 62, 91,
113
descent of, governed by law
of place where situated,
63
what interests in, pass to
executors, etc., 91
descends to heir, unless
made subject of a trust,
91
administrator has no au-
thority over, 91, 98
sales of, by representative,
98
management of, by trustee,
115
by creditor of overpayment,
107
by legatee, IIO, III
Rejection,
of claims against estate, 107
Relationship see Intestate Suc-
summary removal, 57
accounting upon, 57
resignation from office, 58
control of court over, 92
discretion of, not interfered
with by courts, 92, 117
one cannot be trustee for
himself, 95
investment by, duty to
make, 101, 113
instructions of testator,
as to, 113
left by testator, retention
of, 113
statutory restrictions as
to, 113
liability for loss of, 113
exemption from liability,
113
speculation to be avoided,
113
duty to watch, 113
assent of beneficiary to,
must not mingle funds of
separate estates, 113
nor deal with estate for his
own benefit, 114
care and management of
real property, 115
duty to make repairs, 115
and pay taxes, 115
apportionment of expenses
among beneficiaries, 115,
116
protecting principal from
loss by decline in securi-
ties, 116
payment of income to bene-
ficiaries, 117
at what rate, 117
when begins, 117
to whom paid, 117
not justified in with-
holding, 117
rights and remedies of bene-
ficiaries, 117
accounting by, 119
Wills-Continued
must be testamentary in
character, 2, 5
may be revoked at any time,
can only be proved by testi-
mony of its witnesses, 2
not essential that it dispose
of property, 5
various kinds of wills, 6
holographic, 6
nuncupative, 6
conditional, 6
duplicate, 6
mutual, 6
irrevocable, 6
formalities of execution, 14
may be written with pen-
cil or ink, 5
written on slate insuffi-
cient, 5
may be contained in seve-
ral instruments, 5
governed by what law, 14
need not be in English, 14
execution must be com-
pleted before death, 14
object of, 14
subscription by testator,
14
must be at end of will, 14
may be by mark, 14
or by hand of another,
14
illiteracy of testator im-
material, 14
must be in presence of
by drunkenness, 12
by insane delusions, 12
distinction between de-
lusions and unfounded
beliefs, 12
governed by law of what
place, 14
as affected by marriage, 23
trusts, created by, see
Trusts
restraints on disposition by
will, 25
construction of will, 50
is entirely independent of
probate, 49
intention of testator is
chief guide, 50
must be determined from
will itself, 50
intention must be lawful
one, 50
reconciling
revocation, see Revocation
production of will for pro-
bate, see Probate
probate of, see Probate
Witnesses, see Will
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