Select Cases and Other Authorities on the Law of Property, Volume 4C. W. Sever, 1890 - Personal property |
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Page 21
... real estate not before devised : nevertheless , in case he should die without issue , not having attained 21 , then , from and immediately after his death under age and without issue , unto the testator's son William , and the heirs ...
... real estate not before devised : nevertheless , in case he should die without issue , not having attained 21 , then , from and immediately after his death under age and without issue , unto the testator's son William , and the heirs ...
Page 24
... estate , being of a fluctu- ating nature , must go to a residuary legatee in the same state as it happens to be at the death of the testator . Not so real estates , which are of a more permanent nature ; for there only such will pass by ...
... estate , being of a fluctu- ating nature , must go to a residuary legatee in the same state as it happens to be at the death of the testator . Not so real estates , which are of a more permanent nature ; for there only such will pass by ...
Page 27
... estate of the heir on him by descent , until the contingency happens ; if the trustee's estate be not an executory ... real estate which the testator devised to his heir at law , is to be taken as real assets , for payment of debts , in ...
... estate of the heir on him by descent , until the contingency happens ; if the trustee's estate be not an executory ... real estate which the testator devised to his heir at law , is to be taken as real assets , for payment of debts , in ...
Page 29
... real estate , shall be exonerated ; and if there be an equal intention to give to devisees named , and the gift must ... estate devised to the heir , in priority to the other devised estates , yet that the heir will be entitled to ...
... real estate , shall be exonerated ; and if there be an equal intention to give to devisees named , and the gift must ... estate devised to the heir , in priority to the other devised estates , yet that the heir will be entitled to ...
Page 32
... real estate in the county of Derby , died , on the 1st of April , as to the real estate now in ques- tion , intestate . At his death , his widow was enceinte of a son , who was born on the 29th of October , 1848. At the death of John ...
... real estate in the county of Derby , died , on the 1st of April , as to the real estate now in ques- tion , intestate . At his death , his widow was enceinte of a son , who was born on the 29th of October , 1848. At the death of John ...
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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...