Cyclopedia of Law ...American Correspondence School of Law, 1912 |
From inside the book
Results 1-5 of 44
Page 9
... regard to the administration of estates , we recommend the " second edition of The Amer- ican and English Encyclopædia of Law , " published by the Edgar Thompson Company , of Northport , N. Y. , and the volumes of the " Lawyers ...
... regard to the administration of estates , we recommend the " second edition of The Amer- ican and English Encyclopædia of Law , " published by the Edgar Thompson Company , of Northport , N. Y. , and the volumes of the " Lawyers ...
Page 22
... regard to wills , and the further fact that there were coun- tries where wills were not allowed , " serves to evince , that the right of making wills and disposing of property after death , is merely a creature of the civil state ...
... regard to wills , and the further fact that there were coun- tries where wills were not allowed , " serves to evince , that the right of making wills and disposing of property after death , is merely a creature of the civil state ...
Page 25
... regard- ing capacity to make a will and testament were widely divergent , because of the essential difference in the two classes of property , and the fact that testaments were construed by ecclesiastical or canon law , while wills were ...
... regard- ing capacity to make a will and testament were widely divergent , because of the essential difference in the two classes of property , and the fact that testaments were construed by ecclesiastical or canon law , while wills were ...
Page 48
... regard is wrong is manifest by the fact that in a number of States statutes have been enacted doing away with it , by providing that any mis- take of fact on the part of a testator as to the existence or conduct of an heir avoids a will ...
... regard is wrong is manifest by the fact that in a number of States statutes have been enacted doing away with it , by providing that any mis- take of fact on the part of a testator as to the existence or conduct of an heir avoids a will ...
Page 52
... regard being had for the age , mental capacity and strength of character of the testator . It is enough if , in the case in question , it overcame the testator's free agency . ( Rollwagen v . Rollwagen , 63 N. Y. 504. ) The relations of ...
... regard being had for the age , mental capacity and strength of character of the testator . It is enough if , in the case in question , it overcame the testator's free agency . ( Rollwagen v . Rollwagen , 63 N. Y. 504. ) The relations of ...
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Common terms and phrases
administrator admitted to probate appears applied assets attestation beneficiary bequeathed bequest claims codicil Common Law condition Conn construed contest contingent contract court of equity debts deceased decedent declared descent devise dispose disposition erty evidence execution executor facie fact fee simple fraud gift gift causa mortis gift inter vivos give given heirs held husband insane delusion instrument intention interest intestate invalid jurisdiction jury land legacies legatee lucid interval Mass meant ment mind N. J. Eq nuncupative officer Ohio paper party pass payment personal property personalty plaintiff presence presumption proof provisions question real estate real property realty representative residuary clause revocation revoked rules of construction signature signed Smith Stat Statute of Frauds statutes subscribing witnesses sufficient take effect testament testamentary capacity testator testatrix tion undue influence unless usually valid vested void wife words writing
Popular passages
Page 248 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Page 25 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 11 - Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as One Person or Thing ; and every Word importing the Masculine Gender only shall extend Gender, and be applied to a Female as well as a Male.
Page 15 - ... or administrator of the party that had the estate thereof by virtue of the grant...
Page 158 - Verily, verily, I say unto thee, when thou wast young, thou girdest thyself, and walkedst whither thou wouldest: but when thou shalt be old, thou shalt stretch forth thy hands, and another shall gird thee, and carry thee whither thou wouldest not.
Page 88 - Signed, sealed, published and declared by the said John Alden, 2nd, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names as witnesses the day and year above written.
Page 298 - First — After all my lawful debts are paid and discharged, I give and bequeath to my two daughters, Mary L.
Page 121 - ... be in writing and signed by the testator or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses...
Page 15 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter 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 11 - Bequest therein ; and also so much of an Act passed in the Fourth and Fifth Years of the Reign of Queen Annf, intituled A n Act fur the Amendment of the Late and the better Advancement of Justice...