A Treatise on Wills, Volume 2S. Sweet, 1844 - Wills |
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Page v
... ISSUE , " WHERE CONSTRUED AS A word of LIMITATION . SECT . 1. Devises to a Person and his Issue . Effect of Words ... failure of Issue at the Death • 335 CHAPTER XL . WORDS " IN DEFAULT OF ISSUE , TABLE OF CONTENTS . V.
... ISSUE , " WHERE CONSTRUED AS A word of LIMITATION . SECT . 1. Devises to a Person and his Issue . Effect of Words ... failure of Issue at the Death • 335 CHAPTER XL . WORDS " IN DEFAULT OF ISSUE , TABLE OF CONTENTS . V.
Page vi
... ISSUE , " & c . , WHETHER THEY REFER TO FAILURE INDEFINITELY , OR FAILURE AT THE DEATH . SECT . 1. General Rule . Exceptions 417 3 . 2. Circumstances and Expressions adequate to warrant the Restricted Construction in regard to Real ...
... ISSUE , " & c . , WHETHER THEY REFER TO FAILURE INDEFINITELY , OR FAILURE AT THE DEATH . SECT . 1. General Rule . Exceptions 417 3 . 2. Circumstances and Expressions adequate to warrant the Restricted Construction in regard to Real ...
Page 37
... issue " are used in- Difficulty , however , often arises from the testator Effect where having used the words issue and children synonymously , and " children " rendering it necessary therefore , in order to avoid the differently . failure ...
... issue " are used in- Difficulty , however , often arises from the testator Effect where having used the words issue and children synonymously , and " children " rendering it necessary therefore , in order to avoid the differently . failure ...
Page 84
... failure of issue of the daughters . It is not easy to perceive any solid ground for allowing to these words such an effect upon the construction . They either mean a failure of issue generally , in which case the gift over is void , or ...
... failure of issue of the daughters . It is not easy to perceive any solid ground for allowing to these words such an effect upon the construction . They either mean a failure of issue generally , in which case the gift over is void , or ...
Page 114
... failure of which , " over , was held to belong absolutely to A. on the birth of a child , who died before the parent ... issue as a person may leave , is held to refer to the children or issue who shall survive him , in exclusion of such ...
... failure of which , " over , was held to belong absolutely to A. on the birth of a child , who died before the parent ... issue as a person may leave , is held to refer to the children or issue who shall survive him , in exclusion of such ...
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Common terms and phrases
age of twenty-one annuity ante applied appoint authority bequeathed bequest CHAP charged construction construed contingent remainders Court cross-remainders daugh daughter death debts decease default devisee died without issue directed doctrine dren Durn dying eldest entitled estate tail event executors express failure of issue favour fee-simple freehold gift grandchildren heirs male held implication intention interest issue living issue male lands lawfully begotten leaving issue legacies legatees lifetime Lord Eldon Lord Hardwicke Lord Langdale Lord Thurlow Lordship marriage moiety objects observed personal estate personalty principle prior devise purchase Pyot question real and personal real estate referred residue respective rule rule in Shelley's rule of construction seems shew sons survivor tail male take an estate tenant in tail tenants in common term testator devised testator's tion took an estate trust ulterior vested vise wife word issue words heirs words of limitation
Popular passages
Page 763 - 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 758 - 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 761 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed...
Page 764 - ... 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 762 - 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.
Page 760 - 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...
Page 763 - ... indefinite Failure of his Issue, 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 : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age...
Page 763 - 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...
Page 413 - ... 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 by the will...
Page 754 - person" shall extend to a partnership, or body politic, corporate, or collegiate, as well as to an individual ; and every word importing the singular number only shall extend and be applied to several persons or things...