A Concise Treatise on the Law of WillsStevens and Sons., Limited, 1900 - 861 pages |
From inside the book
Results 1-5 of 100
Page 96
... Devise in strict settle- ment where testator has only estate pur autre vie . Property in particular place . B. Election arising under Wills . In order to raise a case for election under a will there must be on the face of the will a ...
... Devise in strict settle- ment where testator has only estate pur autre vie . Property in particular place . B. Election arising under Wills . In order to raise a case for election under a will there must be on the face of the will a ...
Page 99
... devise of realty in definite proportions between the Devise in widow and others would not itself show that the widow was not proportions . intended to take her dower . But if the property is particularised so as to show that the ...
... devise of realty in definite proportions between the Devise in widow and others would not itself show that the widow was not proportions . intended to take her dower . But if the property is particularised so as to show that the ...
Page 106
... devise of lands to a corporation was void , bodies corporate being excepted out of 32 Hen . VIII . c . 1 , and 34 & 35 Hen . VIII . c . 5 , sect . 5 . And it seems that 43 Eliz . c . 4 , had no effect in passing . the legal estate where ...
... devise of lands to a corporation was void , bodies corporate being excepted out of 32 Hen . VIII . c . 1 , and 34 & 35 Hen . VIII . c . 5 , sect . 5 . And it seems that 43 Eliz . c . 4 , had no effect in passing . the legal estate where ...
Page 107
... devise cannot be made to an uncertain body of persons . Thus a devise of land to the monks named Christian Brothers , who were a numerous body , was held void on the ground that the intention was to vest the land in them as a body ...
... devise cannot be made to an uncertain body of persons . Thus a devise of land to the monks named Christian Brothers , who were a numerous body , was held void on the ground that the intention was to vest the land in them as a body ...
Page 111
... ( devise of Claggetts ) ; Jennings v . Jennings , 1 L. R. Ir . 552 ; see King v . King , 13 L. R. Ir . 531 . estate of or at A. 7. Where a testator devises his estate of A , or at A , and Devise of there is an estate answering the ...
... ( devise of Claggetts ) ; Jennings v . Jennings , 1 L. R. Ir . 552 ; see King v . King , 13 L. R. Ir . 531 . estate of or at A. 7. Where a testator devises his estate of A , or at A , and Devise of there is an estate answering the ...
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Common terms and phrases
9 Eq adeemed ademption afterborn annuity apply attain twenty-one attesting bequest bonis Brown Chap charge charitable child Clarke codicil Coll contingent copyholds Court coverture Curt Daries Davies debts default of appointment devise of lands dispose Doe d domicile Earl ejusdem generis election entitled estate tail executed executor exercised freebench freehold fund given heirs held husband income instrument intention interest issue Jones L. J. Ch L. R. Ir leaseholds legacy limitation Lord marriage married woman mortgage pass payable payment personal estate personalty Phillips power to appoint probate purchase real estate realty reference remainder remainderman rents residue revocation revoked rule Russ sect settlement share signature Smith specific statute supra survivor take effect Taylor tenant tenants in common testamentary testator's death trust for sale vested Vict void Walker wife Williams Wilson words
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...