Select Cases and Other Authorities on the Law of Property, Volume 4C. W. Sever, 1890 - Personal property |
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Results 1-5 of 68
Page 27
... applied to it : that the 1 In Doe d . Pratt v . Timins , 1 B. & Ald . 530 ( 1818 ) , there was a devise to the heir , with an executory devise over in case he should not reach his majority . It was held that he took by descent . — ED ...
... applied to it : that the 1 In Doe d . Pratt v . Timins , 1 B. & Ald . 530 ( 1818 ) , there was a devise to the heir , with an executory devise over in case he should not reach his majority . It was held that he took by descent . — ED ...
Page 42
... applied , and distributed , in the same manner as the personal estate of the testa- tor or intestate.1 RIPLEY v . WATERWORTH . CHANCERY . 1802 . [ Reported 7 Ves . 425. ] 2 IN a suit for the administration of the estate of the testator ...
... applied , and distributed , in the same manner as the personal estate of the testa- tor or intestate.1 RIPLEY v . WATERWORTH . CHANCERY . 1802 . [ Reported 7 Ves . 425. ] 2 IN a suit for the administration of the estate of the testator ...
Page 44
... applied , " & c . So " the personal estate of the testator " is a singular expression ; for upon the construction now pressed it would have been sufficient to have said , " if the party dies intestate . " All I have said is upon the ...
... applied , " & c . So " the personal estate of the testator " is a singular expression ; for upon the construction now pressed it would have been sufficient to have said , " if the party dies intestate . " All I have said is upon the ...
Page 47
... applied to grants originally made to a man , his executors , administrators , and assigns , could be applied ; for that is a case , in which the executor is treated as being a special occupant ; and this court has considered him with ...
... applied to grants originally made to a man , his executors , administrators , and assigns , could be applied ; for that is a case , in which the executor is treated as being a special occupant ; and this court has considered him with ...
Page 54
... applied . But it is clear that reasoning does not apply to a special occupant . He cannot plead , it is true , that he is in of his ancestor's estate , but he can plead in the que estate ; he can plead his deed , and therefore if it ...
... applied . But it is clear that reasoning does not apply to a special occupant . He cannot plead , it is true , that he is in of his ancestor's estate , but he can plead in the que estate ; he can plead his deed , and therefore if it ...
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Common terms and phrases
action adeemed ademption administration afterwards annuity appears assets assigns attested auter authority bequeathed bequest bill bond cancelling CHANCERY circumstances cited claim clause codicil considered court Court of Equity creditors daughter death debts deceased decision declaration decree defendant delivery descent devise died donatio mortis causa donor duly executed effect Elizabeth entitled equity escheat evidence executor executrix fact fee simple feoffment freehold gift give given granted heir at law held husband instrument intention interest intestate John judge judgment jury land lease legacy LORD CHANCELLOR Lord Eldon Lord Hardwicke Lord Penzance marriage mortgage opinion paid paper party payment personal estate plaintiff plea possession present probate question real estate reference rent Reported residuary legatee residue revocation revoked rule seised signature signed special occupant Statute of Frauds subscribed tenant testamentary testator's testatrix thereof tion tort trust verdict widow wife William witnesses words
Popular passages
Page 287 - ... 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.
Page 130 - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Page 783 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 129 - 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 as his or her next of Kin, under the Statute of Distributions) . XIX.
Page 259 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 283 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Page 277 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 745 - ... and if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the...
Page 576 - Act all rents, annuities, dividends, and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise) shall, like interest on money lent, be considered as accruing from day to day, and shall be apportionable in respect of time accordingly.
Page 744 - AB or into the hands and possession of auv other person or persons for him, and the same so made do exhibit or cause to be exhibited into the registry...