A Treatise on Wills, 2. köideLittle, Brown, 1859 |
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Page 20
... bequest of the residue , the word " husbands " must receive the same construction , declared his opinion to be , that such bequest as to the husbands and families was void for uncertainty . " The word ' family , ' " said his Honor ...
... bequest of the residue , the word " husbands " must receive the same construction , declared his opinion to be , that such bequest as to the husbands and families was void for uncertainty . " The word ' family , ' " said his Honor ...
Page 22
... bequest of personalty only ; and with regard to a gift comprehending both real and personal estate , the point is far from being clear ; for though Lord Eldon appears , by Sir Geo . Cooper's report of Wright v . Atkyns , to have argued ...
... bequest of personalty only ; and with regard to a gift comprehending both real and personal estate , the point is far from being clear ; for though Lord Eldon appears , by Sir Geo . Cooper's report of Wright v . Atkyns , to have argued ...
Page 27
... bequests to several persons , if living at his decease , and , if not , he directed that their lawful issue should take the shares which their respective parents , if living , would have taken ; and he made other bequests to the lawful ...
... bequests to several persons , if living at his decease , and , if not , he directed that their lawful issue should take the shares which their respective parents , if living , would have taken ; and he made other bequests to the lawful ...
Page 33
... bequest was not to be construed as applying to the next of kin . The testa- tor's intimation , that the legatees should take for their own benefit , was not only consistent with , but , perhaps , was rather favorable to , this ...
... bequest was not to be construed as applying to the next of kin . The testa- tor's intimation , that the legatees should take for their own benefit , was not only consistent with , but , perhaps , was rather favorable to , this ...
Page 36
... bequest to the next of kin of A " of her own blood and family as if she had died sole , unmarried , and intestate , " has received the same construc- tion . ( b ) A gift to next of kin or relations , of course , does not extend to ...
... bequest to the next of kin of A " of her own blood and family as if she had died sole , unmarried , and intestate , " has received the same construc- tion . ( b ) A gift to next of kin or relations , of course , does not extend to ...
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Common terms and phrases
age of twenty-one annuity applied appointment authority bequest body charge child or children clause construction construed contingent remainders Court cross remainders daugh daughter death debts decease default directed doctrine Durn dying eldest entitled estate tail event executors express failure of issue favor fee simple forever freehold gift grandchildren heirs male held intention interest issue male joint tenants lands leasehold estates leaving issue legacies legatees lifetime living Lord Eldon Lord Langdale Lord Thurlow Lordship marriage moiety objects observed payment personal estate personalty principle prior devise Pyot question real and personal real estate referred residue rule in Shelley's rule of construction seems share and share sons statute Sumner's surviving survivor survivorship tail male take an estate take effect tenant in tail tenants in common testator devised testator's tion took an estate trust vested wife words heirs words of limitation
Popular passages
Page 541 - 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 539 - 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 as his or her next of Kin, under the Statute of Distributions) . XIX.
Page 535 - Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as One Person or Thing...
Page 541 - ... a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall bo 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...
Page 542 - 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 168 - Devise shall be construed to vest in such Trustee the Fee Simple, or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.
Page 540 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or 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 542 - That where any Real Estate (other than or not being a Presentation to a Church) shall be devised to any Trustee or Executor, such Devise shall be construed to pass the Fee Simple or other the whole Estate or Interest which the Testator had Power to dispose of by Will in such Real Estate, unless a definite Term of Years, absolute or determinable, or an Estate of Freehold, shall thereby be given to him expressly or by Implication.
Page 534 - ... by virtue of an act passed in the twelfth year of the reign of King Charles the Second, intituled An act for taking away the court of wards and liveries and tenures, in capite and by knights service, and purveyance, and for settling a revenue upon his majesty in lieu thereof...
Page 535 - An act how lands, tenements, etc., may be disposed by will or otherwise and concerning wards and primer seisins; and also so much of an act passed in the twenty-ninth year of the reign of King Charles the Second, intituled An act for prevention of frauds and perjuries...