The Law of Executors and AdministratorsSaunders and Benning, 1838 - 568 pages |
From inside the book
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Page v
... ordinary course of human affairs , almost all persons at some period of their lives are called to exercise the office of a personal representative , or to transact business with such as are invested with it . An attempt , therefore , to ...
... ordinary course of human affairs , almost all persons at some period of their lives are called to exercise the office of a personal representative , or to transact business with such as are invested with it . An attempt , therefore , to ...
Page 42
... ordinary to collect the effects , and he exceed his authority , and sell any of them , even such as are perishable , ( o ) or if he had the express direction of the ordinary for such sale , the same being illegal , he becomes an ...
... ordinary to collect the effects , and he exceed his authority , and sell any of them , even such as are perishable , ( o ) or if he had the express direction of the ordinary for such sale , the same being illegal , he becomes an ...
Page 44
... ordinary may , though the practice seems now obsolete , grant letters ad colligendum in the interim : ( d ) If he refuse , he cannot be compelled to accept the executor- [ 42 ] ship , and his renunciation is entered and recorded in the ...
... ordinary may , though the practice seems now obsolete , grant letters ad colligendum in the interim : ( d ) If he refuse , he cannot be compelled to accept the executor- [ 42 ] ship , and his renunciation is entered and recorded in the ...
Page 45
... ordinary himself is nominated executor , he may renounce before the commissary . ( g ) If a party renounce in person , he takes an oath that he has not intermeddled in the effects of the deceased , and will not intermeddle therein with ...
... ordinary himself is nominated executor , he may renounce before the commissary . ( g ) If a party renounce in person , he takes an oath that he has not intermeddled in the effects of the deceased , and will not intermeddle therein with ...
Page 46
... ordinary , and administration hath been granted , if it ap- pear he had administered before , and thus determined his election , the letters of administration may be revoked , and he may be enforced to prove . ( u ) ( n ) Vide infra ...
... ordinary , and administration hath been granted , if it ap- pear he had administered before , and thus determined his election , the letters of administration may be revoked , and he may be enforced to prove . ( u ) ( n ) Vide infra ...
Contents
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Common terms and phrases
action adminis Admon afterwards Ambl annexed appointed assets attested Baron and Feme Blackborough bona notabilia Burn chattels choses in action codicil copyhold court of equity coverture creditor cutor deceased devise diocese duty Earl Eccl ecclesiastical court effects Eliz emblements entitled equity executed executor or administrator executrix feme covert Fonbl granted Harg heir held husband Ibid infant interest intestate judgment land lease legacy letters of administration lifetime Litt Lord marriage minister mortgage officer ordinary paid party payment personal estate Phill Prec probate proved Raym real estate rent residue respect revocation revoked Roll Salk scire facias SECT Sed vide Smith spiritual court stat statute statute of frauds Swinb Term Rep testator's death thereof tion trust Ventr Vern vested Vict Vide supra void Wankford wife
Popular passages
Page 548 - ... 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 (x).
Page 543 - 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 545 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 541 - ... 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 545 - ... that no will or codicil or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same ; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention...
Page 546 - AND be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Page 546 - ... shall be construed to include any real estate, or any real 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 544 - That if any person shall attest the execution of any will to whom or to whose wife or husband any beneficial devise, legacy, estate, interest, gift, or appointment, of or affecting any real or personal estate...
Page 544 - And be it further enacted, that every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, customary heir, executor, or administrator, or the person entitled аз his or her next of kin, under the statute of distribution). XIX. And be it further enacted, that no will shall be revoked by any presumption of an...
Page 544 - ... 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.