INDEX. [The figures refer to the star paging, English edition.] ABANDONMENT of domicile, 13. ABATEMENT, annuities, estimation of, for purposes of, 722, n. appointment, lapsed, may prevent, 722, n. ABROAD, assets, administration of, 2, n. probate of wills made, 5. ABSOLUTE INTEREST, "assigns," use of word, implies, 482. cut down by subsequent gift of life interest, 436, 437, 830, 831. motive or purpose of gift expressed, 367. pro tanto, only, if at all, 826, 869. estate tail, words giving, create, when, 1366-1386. created by, bequest to A. and his issue simply, 1371. notwithstanding gift over, 1371. to be settled on A. and his issue, 1372. unless A. and issue take concurrently, 1380. unless gift is substitutive, 1377. issue take other bequests by substitution, 1379. to A. for life and, in default of issue, over (under old law), 1375. gift over on indefinite failure of issue, 1367. Shelley's Case, words importing estate tail under rule in, 1367. not created by, bequest to A. for life, remainder to heirs of his body as tenants in common, 1368, 1369. to A. for life, remainder to heirs of his body, their executors, administrators, and assigns, 1368. to A. for life, remainder to his heirs, 1376 n. to A. for life, remainder to his issue, 1372-1377. unless intention shown that only one shall take at a time, 1375. to f. c. for life, and if she dies before b., to her next of blending of personalty in same gift as realty given in tail, 1376. gift over after limitations importing, void, when, 1380-1381. implication of gifts of, 512 et seq. See IMPLICATION. income, accumulation of, when donee of, may stop, 281, n. indefinite gift of, passes, 741, n. life, gift for, with power of disposal at death, whether passes, 1133, n., 1135, n. [The figures refer to the star paging, English edition.] ABSOLUTE INTEREST, continued. perpetuities, rule against, rejection of modifying clauses infringing, 264 et seq. vesting of interest, clauses postponing, void, 259. restraint on alienation of, void, 864. unless limited in point of time, 860, 864. ACCELERATION, accumulation, illegal, does not effect, of interests in remainder, 281, 282. avoidance of particular estate, 536. contingent executory gift over, if contingency fails, 539. contingent remainder, effect of destruction of intermediate, 537. gift over accelerated by death of original donee during minority, 545. lapse of particular estate, 536. personalty, quasi-remainders in, 538. powers of appointment, estates created under, 543. remoteness, prior estate void for, 253, 254. repairing fund, where estate tail is barred, 538, n. reversion on term during minority, whether accelerated by minor's death, 543. where term is satisfied, 541. is valid, but trusts are omitted, 542. is void ab initio, 543. not where term is valid but trusts of money to be raised are void, 540. revocation of particular estate, 537. ACCEPTANCE of legacy makes annexed condition binding, 904. accruer clause does not pass, without special words, 1520, 1521. class taking, when ascertained, 1529. consolidation of original and accrued shares passes, 1528. effect of words "his or her share or shares," 1525. "share and interest," id. "share" followed by gift over of whole fund, 1523, 1524. "share" or "portion" unexplained, 151, 152. "with benefit of survivorship," 1525. general clause does not pass, if original share does not accrue, id. qualifications of original, not extended to, 1526 et seq. secus, if given "in manner aforesaid,' 1528. several clauses of accruer, this expression in one not extended to others, 1526, 1527. remoteness, effect where implication is necessary to prevent, 1530, 1531. ACCUMULATION OF INCOME, accumulation, restrictions on, stated, 272, 273. direction for, till conversion, as between tenant for life and remainderman, effect of, 572. implied trusts, &c., for, void, 283. 284. income released from, destination of, 281-283. rents, heir's interest in, nature of, 283. surplus, not required for annuity trust to lay out in repairs, &c., 284. not required for maintenance, accumulation of, 275. interests in remainder, not accelerated, 281, 282. legatee's right to stop, 281, n. partial accumulations included, 272, 275, n. [The figures refer to the star paging, English edition.] ACCUMULATION OF INCOME-continued. computation of, excludes day of testator's death, 273. cumulative, for all the statutory periods not allowed, 273. minority of unborn persons, whether may be taken, 273, 274. implied, are within the Act, 283, 284. residuary gift to unborn persons at majority, 283. perpetuities, rule against, applies to, 275, 276. e. g., during minorities of tenants in tail under strict settlement, 237. unless for payment of debts of testator, 264, 276. fund vests absolutely within legal limits 276, 281, n. Exceptions to Thellusson Act: accumulation for payment of debts, 273, 276, 277. bonâ fide provision for such payment necessary, 276. corpus, donees of, not recouped, if debts paid thereout, 277. future debts, whether included, 276. perpetuity rule applies to, how far, 264, 276. accumulation for portions of children, 273, 277-281. augmentation of general estate is not within the exception, 278. of pecuniary legacy, whether within the exception, 278, 279. interest of parent, what, sufficient, 279, 280. legacy to accumulate for A. for life, afterwards for his children, 280. legitimate children only favored, 277, n. provision charged by previous instrument, 277. several families, provisions for, if any, parent takes no interest, all fail, 281. validity of, depends on purpose whereto in event it is applicable, 280. lands in Scotland and Ireland, 273. ACKNOWLEDGMENT of signature by testator, 84. See EXECUTION. ACREAGE, Irish, evidence not admissible that testator intended, 393, n. mistake in estimate as to, of land devised, 748. ACT OF PARLIAMENT, conversion by sale under, 129, 130. See 557. meaning attached to words by, evidence not admissible to vary, 392, n. ACTION, chose in, cannot be bequeathed away from executor, 50. conditions prohibiting, against trustees of Will, 902, 903. rights of, formerly not devisable, 50. ADDING WORDS. See SUPPLYING Words. ADDITIONAL LEGACIES by codicil, conditions, &c., attached to original gift, attach to, 149 et seq. payable out of same funds, 149, 1410. ADDITIONS, unless varied by context, 1410. to gifts, owing to mistake as to fact, 147, 148. to Will after execution rejected, 95. See 117, 118. unless validated by reference in codicil, 109. See ALTERATIONS. ADEMPTION, [The figures refer to the star paging, English edition.] conversion by order in lunacy effects, 130, n. debt, release of specific, subsequently paid off, 296. “ADJOINING THERETO," what included by words, 740. Court of, lex rei sitæ determines, 2, n. - MARSHALLING. CY-PRÈS. feme coverte may appoint executor to carry on, 41. of assets. See ASSETS - CHARGE-EXONERATION charitable gifts, 204-212. See CHARITY personalty, governed by domicile, 2 et seq. ADMINISTRATORS, power of sale, under Lord St. Leonards' Act not implied in, 1397, n. See EXECUTORS. ADMISSION of parol trust, enforced against heir, 390. next of kin, 390. trustees, 102, n., 390. ADMITTANCE TO COPYHOLDS, devise now valid notwithstanding none, 57. estate does not vest without, 57, n. trustee's personal representatives now entitled to, 661, n. ADVANCEMENT, amount of, stated in will, legatees bound by, 394, n., 495, n. "hereditaments," gift of, general, will pass, 733. "rents and profits," devise of, includes, 741. resulting trust of presentation, undisposed of, 530, 741. AFFECTION, EXPRESSIONS OF, executors, gifts to, how affected by, 967. resulting trust excluded by, 532. "AFTER," death, effect of, on "die without issue," 1332, 1334. death of testator, how construed, 844. prior interest, vesting not postponed by devise, 763. AFTER-ACQUIRED LANDS, devise of lands at C. passes, 293. republication, under old law, extended general devise to, 157, n. reversion in fee, passes by gift of leaseholds, 131, 292. AGE, advanced testamentary incapacity from, 35. child-bearing, presumption as to woman being past, 1007, n. illegitimate children not let in under, 1083, n. perpetuities, rule against not excluded by, semb., 241. computation of, day of birth included in, 35. condition against marriage before attaining specified, 886. full requisite for testamentary capacity, 34. AGE, - continued. [The figures refer to the star paging, English edition.] specified, distribution postponed till, 1015. gifts on attaining, whether vested or contingent, 762 et seq. See VESTING. AGENT, direction to employ person as, obligatory, whether, 376-378. AGREEMENT, feme coverte, when competent to make will under, 40. testamentary operation of, 19. to make mutual wills, whether binding, 27. ALIEN, devises by, at common law, 44. under Naturalization Act, 1870, 44, 45. naturalization and denization, 69. Naturalization Act, 1870, not retrospective, 67. right of Crown before the Act, 68. ALIENATION, absolute interest, legatee of, cannot be restrained from, 864. unless restraint limited in point of time, 860, 864. annuity determinable on, 878. conditions restraining, whether include bankruptcy, &c., 864 et see CONDITIONS. life interest determinable on, 866, 877. realty, fee simple in, cannot be rendered inalienable, 855. tenant in tail of, cannot be restrained from, 860. restraint on, beyond limits of perpetuity, 262, n. by married woman, 879-885. seq., and Shelley's case, rule in, with reference to, 1265, 1266. revocation of devise by, 129 et seq. See REVOCATION. "ALL," gift of, held inoperative for uncertainty, 327, sed qu. word, read "any," 469, n. "ALSO," force of, in assimilating gifts thereby connected, 463, 1120. See ITEM. ALTERATION OF ESTATE, revocation of will by, under old law, 128. under present law, 128 et seq. ALTERATION OF LAW, subsequent to will, effect of, on testamentary dispositions, 306. ALTERATION IN A WILL, effect of, in one copy of duplicate wills, 123. once only of expressions occurring several times, id. must be signed and witnessed, 95. presumed to be after date of codicil unless noticed therein, 109. to be after execution of will, 117. unexecuted, when validated by subsequent codicil, 109. ALTERNATIVE CONTINGENCIES, remoteness of one of, will not avoid gift, if the other happens, 255. |