Law Made Easy: A Book for the People - Lelia Josephine Robinson - Google Books

Books

ation for a Warranty-Care Necessary in Taking a Warranty-Warranty

Should be Exact-Implied Warranties-That Food is Fit for Consump-

tion-Separation and Completion of Goods Necessary to a Sale-De-

livery Necessary to a Sale-Seller's Lien for Purchase Money-Seller's

Right of Stoppage in Transitu..............
..145-153

Statutes of Frauds, Limitations, etc.

Statute of Frauds and Perjuries-The Section Relating to Sales-

The Section Relating to Other Matters-Explanation of the Statute-

Concerning Sales-Concerning Executors and Administrators-Concern-

ing the Payment of Another's Debts-Concerning Marriage-Concern-

ing Real Property-Concerning Contracts for a Year-Statute of Limi-

tations-Effect of Disabilities-Collateral Security Unaffected by the

Statute-Collateral Security Explained-Law of Place-Test as to the

Governing Law-Law of Place as to Realty and Personalty-Contracts

Made in One Place, to be Performed Elsewhere-Law of Domicil.

........

.....154-162

Nature of a Contract of Insurance-Transfer of a Policy-Who May

be Insured-Fire Insurance-Concerning Mutual Companies-Insurance

to Full or Partial Value--Statement of Insured-Alterations in Insured

Property--Repairs on Insured Property-Care which Insured is Bound

to Take of the Property-Life Insurance-Who May Obtain Insurance

-Occupations, Health, etc.-Assignment of Policies-Policies on the

Lives of Women..
..163-171

Movables and Immovables-Other Terms in Use-An Estate in

Lands-The Estate in Fee Simple-Alienation of an Estate in Lands-

Legal Conditions in Restraint of Alienation-Restrictions Imposed by

Law on Alienation-Essentials of a Deed-Word "Heirs" in Wills and

in Deeds-The Estate in Fee Tail-The Estate for the Life of the

Grantee-The Estate for the Life of Another-Features of an Estate for

Life-Tenant's Right to Emblements, etc.--Waste...........172-181

Real Property, Continued.

Estates for Life Continued--The Estate by Curtesy-The Estate of

Dower-The Property to which Dower Attaches-Requisites of Dower-

Dower in Mortgaged Property and in Equitable Estates-How Dower May

Be Lost--Wife's Deed or Mortgage of Release-Dower Cannot be Barred

by a Post-Nuptial Contract Between Husband and Wife-May be Barred

by Ante-Nuptial Jointure-Widow May Elect Between Dower and Pro-

vision of Husband's Will-Dower Must be Set Out Promptly-How

Dower Should be Set Out-Dower Attaches to Property Conveyed with-

out Wife's Release-Where Value of Property has Increased after Con-

veyance..
.182-190

Real Property, Continued.

Estates by Marriage-Effect of Marriage upon a Woman's Real

Property at Common Law-Married Woman's Equitable Estate-Mar-

ried Woman's Statutory Estate-Conveyances Between Husband and

Wife-Estate in Entirety-Estates in Common-Partition of Estates in

Common-Rights of Homestead..

Real Property, Continued.

Estates for Years-Essentials of a Valid Lease-Statutory Regula-

tions in Several States-Liability of Lessee-Assignment of a Lease-

Covenants in Leases-Conditions in Leases-Waiver of a Condition-

Distinction Between Underletting and Assignment--Entry for Non-Pay-

ment of Rent-Ignorance of Terms of a Lease no Excuse for Breaking

Them-Tenant Must Make Repairs if Lease Does Not Stipulate Other-

wise-Liability for Rent-Liability for Injuries Resulting from Lack of

Repairs, etc.-Surrender of a Lease...
...196-204

Real Property, Continued.

Estates at Will--Emblements-How a Landlord May Terminate an

Estate at Will-Statutory Regulations-Termination of Estate at Will

by Sale or Lease-How a Tenant May Terminate an Estate at Will-

Estates from Year to Year-Estates at Sufferance - How to Eject a Ten-

ant at Sufferance-Trespassers...
..205-210

Real Property, Concluded.

Mortgages-Definition-Explanation of Terms-Mortgage Note-

Oral Evidence Admissible to Prove a Mortgage-General Rule of Law

as to Admission of Oral Evidence-Foreclosure of Mortgages-Power of

Sale Mortgages-Foreclosure in Massachusetts—Improvements on Mort-

gaged Property-Fixtures-Mortgagor's Interest-Two or More Mort-

gages on Same Property-Mortgages Should be Recorded-Mortgages

on Personal Property-Statutory Requirements-Foreclosure of Mort-

gage on Personalty..
..211-221

Where Situated-Land Offices-Agricultural Lands-Pre-emption

Laws-Who may Apply-" Offered" Lands-" Unoffered" Lands-

Unsurveyed Lands-How to Establish a Claim-Homestead Laws-

How to Gain a Homestead-Fees and Commissions--Timber Culture-

Claims-Desert Land Claims-Stone and Timber Lands-Mining

Claims-Mining Laws-Boundaries-Discovery of Lode or Vein-Tun-

nel Sites-Essentials of a Claim-Application for Patent-Issue of Pat-

ent-Placer Claims-Mill Sites, etc.-Water and Timber Rights.

Inheritance of Property-Wills.

Transfer of Title to Property by Inheritance-Children's Inheritance

-Advancements - Inheritance by Representation -- Inheritance Per

Capita-The Widow's Portion-Transfer of Title to Property by Devise,

Legacy or Bequest-Who May Make a Will-Mental Capacity of Tes-

tator--Undue Influence-Married Women's Will-Statutory Provisions

-Rule in Massachusetts...

CHAPTER XXVIII.

Wills, Continued.

Care to be Observed in Making Wills-Construction of Wills-Use

of Technical Terms-How a Will Should be Executed-Essentials of a

Valid Will-Signatures of Testators and Witnesses-Must Sign in Tes-

tator's Presence--Must be Competent-Interested Witnesses-Revoca-

tion of Wills-By a New Will-By a Codicil-By Change in Circum-

stances By Marriage-Children Not Named in Will--Law Against

Perpetuities-Condition in Total Restraint of Marriage Void--Lapsed
Legacies-Statutory Provisions--Nuncupative Wills-Olographic Wills.
.241-253

Executors and Administrators.

The Probate of Wills-Executor's First Duties-How to Break a

Will-Letters Testamentary-Executor's Bond and Sureties-Further

Duties of Executor-Claims Against Testator's Estate-Powers of Exec-

utor-Outstanding Claims-Advances to Legatees and Widow-Execu-

tor's Account-Administrator with the Will Annexed-Powers of an

Administrator-His Duties-Who may be Executor or Administrator-

In Most States a Married Woman May be Executrix or Administratrix-

Disposition of Personalty of Deceased-Compensation of Executor or

Administrator-Order of Appointment of Administrator-Degrees of

Kinship.....
.254-263

Guardians and Trustees.

Natural Guardians-Guardian of Property-Statutory Provisions-

The Mother as Guardian-Father's Control over Children Absolute-

Testamentary Guardian-Appointment by Court-Marriage of a Woman

who is Guardian, Executrix, etc.-Father Must Support Children-

Mother Not Bound to Support Children-Effect of the "Poor Laws"-

Mother is Guardian of Illegitimate Children-They Are Her Heirs and

She Theirs-Marriage of Parents of Illegitimate Child-Investments of

Property by Guardian—Marriage of Female Ward-Age at which Girls

Attain Majority-Ward's Duties, etc.-Guardian's Duties-Discharge

of Guardian-Trustees-Trusts for Married Women-Duties of Trus-

tees-Acceptance of Trust Essential.....
.264-275

Husband and Wife One Person at Common Law-Disabilities of

a Married Woman-Husband and Wife Cannot Testify for or Against

Each Other-Wife's Personal Property Becomes His-Wife's Choses in

Action-As to Proceeds of Wife's Realty-Husband's Liability for

Wife's Ante-Nuptial Debts-Marriage Settlements-Modern Statutes as

to Married Women-Single Women and Widows-School Suffrage, etc.
...276-281

Marriage, Concluded.

Definition of Marriage-Founded upon Contract-Must Be for Life

-Essentials of a Contract Necessary-Parties Must Be of Sound Mind

and Legal Age—What is Legal Age-When May Marry without Parent's

Consent-Assent of Parties Essential-Informal Marriages-Disqualifi-

cations for Marriage-Consanguinity and Affinity-Forbidden Degrees

-Disqualification of Race-Physical Incapacity-Previous Marriage-

Presumption of Marriage-Law of Place as to Marriage-Effect of Pro-

hibitory Statutes...
282-289

CHAPTER XXXIII.

Definition-Divorce from Bed and Board-Absolute Divorce-De-

cree of Nullity-Decree Nisi-Effect of Absolute Decree No Decree

Given by Default or Agreement of Parties-No Decree Given if Collu-

sion Appears-Divorce Jurisdiction-Massachusetts Rule as to Juris-

diction-Fraud as to Domicil....
..290-296

Divorce, Continued.

General Divorce Laws-South Carolina Law-Causes for Absolute

Divorce Imprisonment-Adultery- Must be Voluntary-Cruelty-

Kinds of Cruelty-Husband may Charge Cruelty-Desertion-Must be

Voluntary-Intent to Desert is Essential-Husband May Select the Mar-

riage Domicil-Refusal to Return on Request-Desertion by Fault of

Applicant Will Not Give Divorce-How Long Desertion Must Con-

tinue-Drunkenness-Refusal of Maintenance-Conviction of Crime-

Terms Used....
.297-305

Divorce, Continued.

Principal Defences to a Divorce Suit-Collusion-Connivance-Con-

donation-Recrimination-Adultery of Applicant is Absolute Defence

-Cross Action of Divorce-Delay and Insincerity-Doctrine of Domicil

-Utah Divorces-Ignorance of the Law no Excuse-Wife's Domicil-

Divorce, Concluded.

Alimony Defined-Court Must Have Jurisdiction over Husband-

Independent Action for Alimony-When Alimony Will be Given-Costs

and Counsel Fees-Massachusetts Statute-Amount of Alimony-Court

May Alter its Decree-Restoration of Wife's Property-As to Dower-

Custody of Children-Welfare of the Child Determines its Custody.

Definition-Motive not Important-Intent is of Primary Importance

-Accident or Mistake of Fact, Good Defence-Mistake of Law is No De-

fence-Presumption of Criminal Intent-Intent to Commit Another

Crime-Suicide a Crime in Some States-Criminal Negligence-Legal

Malice Mental or Physical Incapacity-Presumption of Crime-Mod-

ern Doctrine-Married Women's Crimes-In Husband's Presence-In-

sanity-Test as to Insanity-Drunkenness-Voluntary Drunkenness No

Excuse-Classes of Crimes-Felonies and Misdemeanors-Classes of

Criminals-Principals-Accessories-As to Near Relations, etc.-Ac-

complices-Never Twice in Jeopardy for Same Act-Extradition.

CHAPTER XXXVIII.

Crimes, Concluded.

....318-327

Specific Crimes-Abduction-Abortion-Adultery-Affray-Arson-

Assault and Battery - Bigamy - Burglary — Drunkenness- Embezzle-

ment-False Pretenses-Forgery- Homicide-Justifiable Homicide--

Definitions of Murder and Manslaughter-Test as to Homicide-Intent

in Murder Malice Aforethought-Degrees of Murder-Manslaughter-

Test as to Manslaughter-Larceny-Slander and Libel-Perjury Rape

-Seduction...
328-341

Torts or Civil Wrongs.

Definition-A Tort as Distinguished from a Crime-Classes of Inju-

ries Which are Torts-Torts do not Survive-Personal Disabilities no

Protection Against Liability for Torts-Specific Torts-Deceit - Essen-

tials of Deceit-Concealment-Buyer's Duty of Inspection-Due Care

and Prudence-Slander and Libel-Kinds of Slander-Libel Defined-

Slander Per Se-Special Damages-Publication Essential-Truth of the

Charge-Privileged Communications-Malice-Confidential Relations-

Answers to Proper Inquiries-Test as to their Propriety-Repetition of

a Slander-Malicious Prosecution-Essentials-False Imprisonment.

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