A Treatise Upon the Law of Legacies, Volume 1J. Butterworth, 1804 - Decedents' estates |
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Common terms and phrases
adeemed ademption adminiftrators affets affigns againſt age of 21 alfo alſo annuities anſwer appointed arifing becauſe bequeathed bequeft cafe caſe charge child circumftances claufe codicil condition confent confequently confidered conftruction court court of equity creditors daughter debts deceaſe decree defcription devife deviſed died difpofe diftinction executors expreffed faid fame fatisfaction fecond fecurity feems fettlement feveral fhall fhare fhew fhould fifter firft firſt fome fpecific ftatute ftock fubject fuch fufficient fund furviving furvivor gave give heir himſelf huſband iffue intention intereft intitled laft Lord Chancellor Lord Hardwicke Lord Thurlow Mafter marriage married muft muſt opinion paid payable payment perfonal eftate plaintiff prefent provifion purchaſe purpoſe queftion raiſed real eſtate reaſon refiduary legatee refidue refpect reprefentatives rule ſhall ſhare ſhe ſtock ſuch Suprà teftator's death teftatrix theſe thofe thoſe truft truſtees uſe vefted veſted wife words
Popular passages
Page 398 - May 1778, the same was said to be the course of the Court. These cases go to prove, that where a legacy is to be so paid, it must be secured. I do not see a distinction as to its being contingent or merely future. If a legacy be payable at 21, and the child dies, his executor cannot claim till the time when the child would have arrived at 21, if the legacy does not bear interest, but, if it be with interest, he may claim immediately. (5) If it bears a less interest than the utmost use, the executor...
Page 407 - Decreed that the defendant should refund to the plaintiff, and that an executor may bring a bill against a legatee to refund a legacy voluntarily paid, as well as a creditor; for the executor paying a debt of the testator out of his own pocket stands in the place of the creditor, and has the same equity against a legatee to compel him to refund, contra to the opinion in 2d Vent.
Page 56 - The rule is settled that where a parent or person in loco parentis gives a legacy as a portion, and afterwards, upon marriage or any other occasion calling for it, advances in the nature of a portion to that child, that will amount to an ademption of the gift by the will, and this Court will presume he meant to satisfy the one by the other.
Page 361 - ... to the negligence and infolvency of the father, I will not ftrain the rules of this court to make an executor pay it over again, efpecially as he made this payment to fave a forfeiture, it being an exprefs condition of his own taking under the will, that he {hould difcharge their legacies within a year after B.'s death.
Page 181 - ... is filed by her sister claiming under her will, and insisting, that she was entitled, though she never married ; that marriage was not a condition precedent, upon which the residue was to vest ; but merely denoted the time, at which the residuary legatees were to be put in full possession of the property. The argument upon the part of the plaintiff turned upon a ground, that is frequently taken upon legacies payable at a future day, which on account of the death of the legatee never arrives ;...
Page 167 - ... him to follow his trade as a journeyman ; with which object he naturally thought that fortune would interfere ; and therefore he postpones the enjoyment of it until the age of twenty-four. But he gives it to trustees entirely and absolutely for the benefit of Walter Nash ; to improve it for his benefit ; to transfer the whole to him, when he arrives at that age : and to make him a certain allowance in the mean time. That is very different from a simple bequest to him, when twenty-four ; for if...
Page 313 - In deciding questions that arise upon legacies out of land, the Court very properly followed the rule that the Common Law prescribes, and common sense supports, to hold the condition binding where it is not illegal. Where it is illegal the condition would be rejected, and the gift pure. When the rule came to be applied to personal estate, the Court felt the difficulty, upon the supposition that the Ecclesiastical Court had adopted a positive rule from the Civil Law upon legatory questions, and the...
Page 464 - ONE seised of a real estate in fee, which he had mortgaged for £500, and possessed of a leasehold, devised the former to his eldest son in fee, and gave the latter to his wife, and died, leaving debts which would exhaust all his personal estate, except the leasehold given to his wife. The question was, whether there being (as usual) a covenant to pay the mortgage moneys, the leasehold premises devised to the wife should be liable to discharge the mortgage?
Page 442 - ... it is taken under the authority of that power: but not from the time of the creation of that power. There is no case, that the relation shall go back for that, which is quite of another nature : and that is the point, which must be contended for here, that they must take by relation so as to make them take from the time of the creation of the power; for which there is no authority: and that would be unreasonable. The meaning that the...
Page 176 - ... there is a certain time fixed, not to the thing itself, but to the execution of it, and the time being so fixed, must necessarily come: but when the time annexed to the payment is merely eventual, and may or may not come, and the person dies before the contingency happens, I can find no instance in this court, where it has been held that the legacy at all events should be paid.