A Concise Treatise on the Law of WillsStevens and Sons., Limited, 1900 - 861 pages |
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Page 28
... debt or debts , and any creditor , or the wife or husband of any creditor , whose debt is so charged , shall attest the execution of such will , such creditor , notwithstanding such charge , shall be admitted a witness to prove the ...
... debt or debts , and any creditor , or the wife or husband of any creditor , whose debt is so charged , shall attest the execution of such will , such creditor , notwithstanding such charge , shall be admitted a witness to prove the ...
Page 85
... debts and administer the estate , such person will be executor according to the tenor . In bonis Montgomery , 5 N. of C. 99 ; In bonis Adamson , 3 P. & D. 253 ; In bonis Bluett , 15 L. R. Ir . 140 ; In bonis Wilkinson , ( 1892 ) P. 227 ...
... debts and administer the estate , such person will be executor according to the tenor . In bonis Montgomery , 5 N. of C. 99 ; In bonis Adamson , 3 P. & D. 253 ; In bonis Bluett , 15 L. R. Ir . 140 ; In bonis Wilkinson , ( 1892 ) P. 227 ...
Page 130
... debts affords a strong argu ment that the personal estate was intended to be specifically given . See the cases cited under the head of Exoneration of Personalty . But where a testator , after directing his executors to pay his debts ...
... debts affords a strong argu ment that the personal estate was intended to be specifically given . See the cases cited under the head of Exoneration of Personalty . But where a testator , after directing his executors to pay his debts ...
Page 141
... debt . On the same principle , if the testator makes a specific gift of Ademption of a mortgage or other debt owing to him and the debtor after- wards pays it to the testator , whether voluntarily or under compulsion , the gift is ...
... debt . On the same principle , if the testator makes a specific gift of Ademption of a mortgage or other debt owing to him and the debtor after- wards pays it to the testator , whether voluntarily or under compulsion , the gift is ...
Page 145
... debt and the executor may retain so much of the legacy or share as may be required to satisfy the debt . The right of retainer has priority over a mortgagee of the legacy or share . See In re Weston ; Davies v . Tagart , W. N. ( 1900 ) ...
... debt and the executor may retain so much of the legacy or share as may be required to satisfy the debt . The right of retainer has priority over a mortgagee of the legacy or share . See In re Weston ; Davies v . Tagart , W. N. ( 1900 ) ...
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Common terms and phrases
9 Eq absolute interest adeemed ademption annuity apply attain twenty-one bequest bonis Brown Chap charge charitable child Clarke codicil Coll contingent copyholds Court coverture Davies debts deceased default of appointment devise of lands direction to pay dispose Doe d domicile Earl election entitled estate tail executed executors exercised Forsbrook freebench freehold fund gift given heirs held husband income instance instrument intention intestacy issue joint tenancy Jones L. J. Ch L. R. Ir leaseholds legacy legal personal representative legatee Lord marriage married woman mortgage pass payable payment personal estate personalty power to appoint probate purchase real estate realty reference remainder remainderman rents residuary residue revoked rule Russ sect settlement share Smith specific statute supra survivor take effect Taylor tenant testamentary testator's death vested Vict void wife Williams Wilson
Popular passages
Page 751 - 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 215 - ... 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 750 - 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 748 - 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 748 - ... be utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment, mentioned in such will.
Page 746 - ... all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will; and also to all rights of entry for conditions broken, and other rights of entry...
Page 114 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 745 - Commons, in this present parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows : (that is to say) the word
Page 750 - ... 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, 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...
Page 750 - ... 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...