A Treatise on Wills, Volume 1S. Sweet, 1844 - Wills |
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Page v
... . Resulting Trust to the Heir , in Real Estate not bene- ficially disposed of 2. Effect where particular Estates are void in their Crea- tion 502 513 CHAPTER XIX . DOCTRINE OF CONSTRUCTIVE CONVERSION . SECT . TABLE OF CONTENTS . A.
... . Resulting Trust to the Heir , in Real Estate not bene- ficially disposed of 2. Effect where particular Estates are void in their Crea- tion 502 513 CHAPTER XIX . DOCTRINE OF CONSTRUCTIVE CONVERSION . SECT . TABLE OF CONTENTS . A.
Page vii
... PARTICULAR WORDS OF DESCRIP- TION 706 CHAPTER XXV . DEVISES AND BEQUESTS , WHETHER VESTED OR CONTINGENT . SECT . 1. General Rule in regard to Vesting 726 2. Devises construed to be vested , notwithstanding ex- pressions of a contrary ...
... PARTICULAR WORDS OF DESCRIP- TION 706 CHAPTER XXV . DEVISES AND BEQUESTS , WHETHER VESTED OR CONTINGENT . SECT . 1. General Rule in regard to Vesting 726 2. Devises construed to be vested , notwithstanding ex- pressions of a contrary ...
Page 3
... particular . Some- times , however , a difficulty occurs in the application of the principle , from the fact , that the foreign state , though it recognises the general doctrine , yet imposes restric- tions on the testamentary power ...
... particular . Some- times , however , a difficulty occurs in the application of the principle , from the fact , that the foreign state , though it recognises the general doctrine , yet imposes restric- tions on the testamentary power ...
Page 11
... , Form of wills . that it should assume any particular form , or be couched in language technically appropriate to its testamentary CHAPTER II . character . It is sufficient that the CHAPTER II FORM AND CHARACTERISTICS OF THE INSTRUMENT.
... , Form of wills . that it should assume any particular form , or be couched in language technically appropriate to its testamentary CHAPTER II . character . It is sufficient that the CHAPTER II FORM AND CHARACTERISTICS OF THE INSTRUMENT.
Page 19
... particular circumstances of the case , a coincidence with which should be avoided as much as possible in the preparation of such instruments . The Ecclesiastical Judges ( before whom , of course , questions of this kind are most ...
... particular circumstances of the case , a coincidence with which should be avoided as much as possible in the preparation of such instruments . The Ecclesiastical Judges ( before whom , of course , questions of this kind are most ...
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Common terms and phrases
annuity apply appointment arise Att.-Gen attain attested bequeathed bequest CHAP CHAPTER charge charity chattels child clause codicil considered construction contingent copyholds Court daugh daughter death debts decease deed devisee dispose disposition doctrine Doe d domicil Durn Earl entitled estate tail event execution executors express favour freehold fund gift Goodright Goodtitle Hagg heir at law held hereditaments instrument intention interest intestacy lands leasehold leasehold estates legacies legatee limitation living Lord Eldon Lord Hardwicke Lord Langdale Lord Thurlow Lordship marriage ment messuage mortgage objects observed pass personal estate personalty perty principle question real and personal real estate remainder rents residuary residue resulting trust revocation revoked rule Russ seems share shew Smith statute Statute of Frauds subsequent take effect tate tator tenant testamentary testator devised testator's testatrix tion trust twenty-one vested vise void wife witnesses words
Popular passages
Page 632 - Manner a Bequest of the Personal Estate of the Testator, or any Bequest of Personal Property described in a general Manner shall be construed to include any Personal Estate, or any Personal Estate to which such Description shall extend (as the Case may be), which he may have Power to appoint in any Manner he may think proper, and shall operate as an Execution of such Power, unless a contrary Intention shall appear by the Will.
Page 311 - That where any person being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of...
Page 114 - 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 аз his or her next of kin, under the statute of distribution). XIX. And be it further enacted, that no will shall be revoked by any presumption of an...
Page 523 - ... nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 129 - Will after the Execution thereof shall be valid or have any Effect, except so far as the Words or Effect of the Will before such Alteration shall not be apparent...
Page 265 - No person or persons shall, after the passing of this Act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, issues, profits, or produce thereof, shall be wholly or partially accumulated...
Page 309 - And be it further enacted, that, unless a contrary intention shall ap pear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise (if any) contained in such will.
Page 682 - Christian like and decent manner at the discretion of my executors/ nothing doubting but at the General Resurrection/ I shall receive the same again by the mighty Power of God/ and as touching such worldly Estate wherewith it hath pleased God to Bless me in this Life/ I give Devise and Dispose of the same in the following manner and form.
Page 496 - ... unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise...
Page 544 - In the former of those cases, the testator gave his real and personal estate to trustees, upon trust to convert the same into money, and to invest the...