A Treatise on Wills, 2. köideLittle, Brown, 1859 |
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Page 1
... heirs male , " how construed , [ p . 6. ] " Right heirs of my name and posterity , " [ p . 6. ] Whether devise to heirs of the body , male or female , applies to a person not heir general , [ p . 7. ] Whether devise to heirs male means ...
... heirs male , " how construed , [ p . 6. ] " Right heirs of my name and posterity , " [ p . 6. ] Whether devise to heirs of the body , male or female , applies to a person not heir general , [ p . 7. ] Whether devise to heirs male means ...
Page 2
... Heirs " applied to both real and personal estate , [ p . 22. ] " Nearest heir at law , " how construed , [ p . 23. ] " Heirs " held to mean children , [ p . 23. ] GIFTS to the heir , whether of the testator himself , or of another , are ...
... Heirs " applied to both real and personal estate , [ p . 22. ] " Nearest heir at law , " how construed , [ p . 23. ] " Heirs " held to mean children , [ p . 23. ] GIFTS to the heir , whether of the testator himself , or of another , are ...
Page 3
... heirs of that heir ; for every particular heir is in the loins of the ancestor , and parcel of him . " Upon the same principle it is well settled , that a devise to the heirs of the body of the testator or of another , confers an estate ...
... heirs of that heir ; for every particular heir is in the loins of the ancestor , and parcel of him . " Upon the same principle it is well settled , that a devise to the heirs of the body of the testator or of another , confers an estate ...
Page 5
... heirs male of the testator , or to the right heirs of his name , is , according to the early cases , to be read as a [ 6 ] devise to the heir , provided he be a male , or provided he be of the testator's name , ( as the case may be ...
... heirs male of the testator , or to the right heirs of his name , is , according to the early cases , to be read as a [ 6 ] devise to the heir , provided he be a male , or provided he be of the testator's name , ( as the case may be ...
Page 6
... heirs of the body . Sir E. Coke ( a ) lays down the following distinc- tion , " That where lands are given to a man and his heirs female of his body , if he dieth leaving issue a son and a daughter , the daughter shall inherit , for the ...
... heirs of the body . Sir E. Coke ( a ) lays down the following distinc- tion , " That where lands are given to a man and his heirs female of his body , if he dieth leaving issue a son and a daughter , the daughter shall inherit , for the ...
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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...