A Treatise on Wills, Volume 3

Front Cover
F.D. Linn, 1881 - Wills
 

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Contents

Effect of changing language of limitations by introducing words of direct gift
54
Lands being charged with debts and legacies will not vest the estate in
60
Power to lease with direction to pay taxes
66
As to commencement of estate of trustees
72
Trustees held to take a fee though the trust was not strictly commensurate
79
CHAPTER XXXV
89
Direction to grant a fee farm rent not conclusive against an estate tail
96
Will and schedule
111
Limitation to the heirs by implication
118
Settlement to be made on A and the heirs of his body
124
Indication required that testator did not intend an estate tail
128
To be setiled on A and his heirs in strict entail
134
Construction not varied by superadded limitation to heirs general of heirs of
140
In such shares c as F should appoint
146
As tenants in common with devise over if the issue died under twentyone
157
Limitation to heirs of the body with power of appointment to children
164
To W and to his heirs male the elder son surviving and the heirs male of
170
J and his children lawfully to be begotten
176
Application of the rule to future devises
178
to A and his children in succession
184
A and if she marries and has a son then to that
190
Whether term eldest son used as nomen collectivum
196
Devise to A and his issue living at his death held an estate tail
204
Devise to A for life remainder to the issue of his body held an estate tail
208
Effect of limitation over in default of such issue
214
to A for life with remainder to his issue as he should by will appoint
220
Children take for life when
230
Effect where issue and children have elsewhere been used indifferently
236
Bequest preceded by a bequest to children
245
In regard to real estate
251
Words such issue controlled by subsequent clause showing an estate tail to
254
Issue held to refer to children objects of preceding devise
260
Argument for referential construction weakened by whatever restricts the range
266
Remainder in tail implied in the parent expectant on estate tail of eldest
272
Implication of remainder in tail
278
Conclusions suggested
281
Lord Denmans remarks on doctrine of general and particular intention
287
Remarks on failure of issue clause in the
293
Second where phrase is having no issue
301
Difference where applied to real and personal estate
307
Implicatory grounds of restriction from nature of devise over
313
additional expressions
317
Property devised over charged with legacies to be paid to the executors c
319
Gifts in fee and for life to A followed by one gift over of both at death of
326
Where the gift over is to survivors
333
Words importing a failure of issue refer to failure at death except in two cases
340
Whether words having a prior estate tail c apply to personalty
341
Whether erpress crosslimitation excludes implication
347
As to devises to classes
353
Crossremainders implied from words for want of issue males
359
Crossexecutory trusts implied among legatees
368
CHAPTER XLIII
374
Whether issue explained to mean issue at the deuth
380
Effect of real and personal property being included in same gift
386
Such gifts may be made defeasible on a collateral event
392
CHAPTER XLV
398
my debts being first deducted I devise
404
Recent cases in which real estate held to be charged by general words
410
Distinction where executor is devisee of real estate
416
Whether same words will charge legacies or debts
422
Gift of residue after bequeathing legacies charges lands notwithstanding
429
Whether it authorizes a sale
435
Direction to raise out of rents and profits or by sale or mortgage
441
As to legacies
444
Point as to descended assets
452
Principle of contribution when applied
458
Implied exoneration of a legatee from order of administration directed
465
Devise upon trust to sell and pay mortgages does not make mortgaged lands
471
Charge of debts confined to testators own debts
477
Money settled and secured by mortgage held primarily a charge on the land
483
How charge apportioned between the different parts of the land charged where
489
History of the implication doctrine
495
Provision as to the manner in which the charge on the realty is to be borne
501
Conclusions from preceding cases
507
Bequest of all the ready money c and personal estate
508
Effect where bequest of exempted personalty lapses where personalty origi
517
without such personal obligation
523
In favor of legatees against the heir
529
Marshaling where one party has several funds and another one only
535
To what period survivorship referable
571
Where the gift is immediate
572
Survivorship referred to death of testator Where gift not immediate
573
Circumstance of there being an erpress bequest to survivors at the division
575
With benefit of survorship referred to death of testator
576
Survivorship referred to death of testatorreal estate
577
Applicability of the rule to a devise to a class
578
Survivorship referred to period of distribution
579
Subject of gift being the produce of a future sale
580
Survivorship referred to the period of distribution on special grounds
581
As to there being another bequest expressly to survivors at distribution
582
History of the present doctrine
584
Result of the cases as to personalty Distinction in regard to real estate rejected
588
Rule where gift to survivors is contingent Survivorship confined to the death of the tenant for life
590
Executory devise to survivor referred to death of testator
591
Contingent gift to survivors when not restricted to period of distribution Survivorship referred to time when contingency happens though gift restrict...
592
held to refer to the event
593
Distinction between gift over of share of deceased legatee and gift over of whole fund
595
What excludes the sense of survivorship inter
596
Special gift to survivors explanatory of prior general one Survivorship referred to majority in preference to another event
598
death of tenant for life
599
by force of gift over on death of all under age Contrary effect of gift over on death of all before tenant for life
600
Gift to survivors of a class without previous gift to the class several as tenants in common for life and to survivor with gift over after death of survivor
601
Survivorship held to be indefinite Words of severance confined to the inheritance
602
Limitation to survivor disregarded
603
If any die held to mean in the lifetime of the testator
607
Construction of words in case of death influenced by reason assigned
613
Distinction where gift is to a class but ulterior gift still held to operate
621
Gift to personal representatives not substitutional
625
Distinction where children of deceased claim under original gift
632
Issue to take what their parent would have been entitled to if living
638
Distinction where prior gift may be regarded as a mere life interest
644
to period of distribution by express direction to dis
651
Word payable occurring in gift over whether it refers to majority or
658
Result of the cases
666
possession
672
Is a gift over on death without actually receiving valid
678
CHAPTER L
689
Gift over in case there be but one child extended by implication to event
691
upon prior gift of failure of executory gift
698
APPENDIX
711
In regard to children
717
THE STATUTE OF WILLS 1 Vict cap 26
721
will
722
real estate
725
personal estate
726
Words in the singular number to extend and apply to several persons or things
727
importing the masculine gender to extend and apply to a female
728
Repeal clause
729
General enabling clause All property may be disposed of by will
731
Estater pur autre
738
Contingent interests
739
Rights of entry and property acquired after execution of the will
741
Fees on copyholds
743
Copyhold
746
Estates pur autre vie
747
Age of testator
748
Married women
751
Execution of wills Will to be in writing
755
signed or acknowledged in the presence of two witnesses at one time who attest
763
Execution of testamentary appointments Wills of soldiers and seamen
773
petty officers seamen and marines
774
Publication of wills Competency of attesting witnesses
775
Gift to attesting witnesses
776
Creditor as attesting witness
781
Executor as attesting witness
782
Revocation by marriage
783
presumption
790
subsequent will or codicil or by destruction of instrument
791
Effect of obliterations and interlineations
793
Revival of revoked will Revocationsubsequent conveyance
796
From what period will speaks
797
Lapsed and void devises
798
General devisecopyholds and leaseholds appointment
799
Fee simple without words of limitation
800
Words importing failure of issue
801
Estate of trustees
802
Principle which determines whether persons apparently so are trustees
869

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Common terms and phrases

Popular passages

Page 795 - ... 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 772 - ... payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, interest, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person, or wife or husband, be utterly null and void...
Page 796 - ... and shall operate as an execution of such, power, unless a contrary intention shall appear by the will ; and in like 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...
Page 292 - die without leaving issue," or "have no issue," or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue shall be construed to mean a want or failure of issue in the lifetime or at the...
Page 799 - ... 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 the testator, unless a contrary intention shall appear by the will.
Page 86 - ... simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.
Page 797 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear...
Page 798 - Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.
Page 791 - ... 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 part of the will...
Page 792 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.

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