A Treatise on Wills, 3. köide

Front Cover
Little, Brown, and Company, 1881

From inside the book

Contents

Interposition of trustees to preserve contingent remainders
116
Nature of the rule in Shelleys Case
118
Tenant in tail after possibility of issue extinct
122
Indication required that testator did not intend an estate tail
123
Estate tail directed that a proper entail be made to the heir male
129
The court will not appoint protectors
135
nor by interposition of estate
141
Devise of estate to heirs of the body share and share alike
152
Only applies to limitations by way of remainder 199 Rule never infringed
160
Heirs of the body held to mean children
166
Declaration that devise to heirs of the body was intended to be in strict settlement
172
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 simply gives estate tail So to a class and their issue
203
Devise to A and his issue as tenants in common but in default of such issue
205
Devise to A for life remainder to issue male and his heirs and if he die over
211
R for life remainder to his issue as tenants in common with devise
217
To be divided amongst several and to their issue after their respective deaths
224
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
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
CHAPTER XLII
344
Ordinary form of trust for annexing chattels to settled realty
394
Priority reserved to specialty creditors now abolished
400
Simple direction that debts be in the first place paid
406
A charge by general introductory words not affected by express charge
412
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
Immaterial that part of the property charged is real and part personal
466
Effect of words he paying the mortgage thereon
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
General conclusions from preceding cases
512
Legacy duty out of what fund payable
519
Different rule where residue not disposed
525
but not against devisees unless lands are charged with
531
Exception where legacy as a charge upon the land failed
537
strictly not as other
539
strictly
545
As to construing survivor as other without aid of gift over
551
Survivors read others to effect intention that children should stand
558
Accrued shares held to pass under gift of the whole
564
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
Contingency restricted by context
651
Estate of trustees
802

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