A Treatise on Wills, 2. köideLittle, Brown, 1859 |
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Page 5
... leaving no other issue than three daughters , ( who were , of course , his heirs general , ) the devise failed , and did not apply to his next collateral heir male . So , in Counden v . Clerke , ( b ) where a testator , having issue a ...
... leaving no other issue than three daughters , ( who were , of course , his heirs general , ) the devise failed , and did not apply to his next collateral heir male . So , in Counden v . Clerke , ( b ) where a testator , having issue a ...
Page 9
... leaving [ 12 ] five daughters , of whom the eldest died before the remainder fell into possession , leaving several daughters , one of whom ( who was living ) had a son ; and it was held , in the House of Lords , reversing a judgment in ...
... leaving [ 12 ] five daughters , of whom the eldest died before the remainder fell into possession , leaving several daughters , one of whom ( who was living ) had a son ; and it was held , in the House of Lords , reversing a judgment in ...
Page 12
... leaving her a term and a subsequent annuity , and meant a present interest should vest in her heir , that was , her heir apparent , during her life.1 Blackstone thought that , as the testator had varied the tenure of M.'s annuity from ...
... leaving her a term and a subsequent annuity , and meant a present interest should vest in her heir , that was , her heir apparent , during her life.1 Blackstone thought that , as the testator had varied the tenure of M.'s annuity from ...
Page 14
... leaving issue a daughter [ 20 ] only ; and the question now was , whether , in event , C , the younger son of the testator , was entitled . And the Court held , that he was : first , because it was manifest that the devise to A was an ...
... leaving issue a daughter [ 20 ] only ; and the question now was , whether , in event , C , the younger son of the testator , was entitled . And the Court held , that he was : first , because it was manifest that the devise to A was an ...
Page 17
... leaving three children . Mrs. Loveday was still alive , and her surviving child claimed the legacy . Sir Thomas Clarke , M. R. , was clearly of opinion , that the testatrix intended to give the £ 6000 to the children of Mrs. Loveday ...
... leaving three children . Mrs. Loveday was still alive , and her surviving child claimed the legacy . Sir Thomas Clarke , M. R. , was clearly of opinion , that the testatrix intended to give the £ 6000 to the children of Mrs. Loveday ...
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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...