A Treatise on Wills, Volume 1

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Contents

69 Gift to several successively not saving in what order
69
Amherst Acad v Harvard Coll 397
213
Fellowes
225
And leys Case 37
241
Ann Woods Will In re 535
253
Eades 268 290
268
Apreece 694
298
Geissenhainer 713
321
Arndt 199
327
Pigg
342
Codicil not to disturb will more than is absolutely necessary
343
Clear gift in will not revoked by doubtful expression in codicil
349
Implied revocation by the effect of a codicil reviving an earlier will
358
Althains Case
360
Constructive republication by codicil
364
Effect of republication upon specific devises under old
372
CHAPTER IX
379
Jews What are charitable uses Force of English statutes in the United States
382
English mortmain acts only local
386
American mortmain acts
387
Force of statute of Elizabeth in the United States
390
What are not charitable uses
397
400 Bequests to be given in private charity
400
Bequests not necessarily charitable on account of professional or official charac ter of legatee
401
Lsgacy ra ly be charitable though payable at once to individuals to poor relations is not charitable
402
403 unless intended as a perpetual pro vision
403
Uncertain object
404
Grimes v Harmon1871
405
donee
409
Incapacity as a corporation
410
Misnomer of corporation
411
Unincorporated societies
412
Decree to be incorporated
413
No failure for want of trustee
414
Failure for want both of trustee and definite beneficiary
415
Meaning of benevolent charitable
416
Charity held the sole purpose notwithstanding doubtlul expressions
417
Distinction where the gift is for charitable and other ascertained objects though apportionment left to trustees
418
Trustees declining to apportion donees take equally
419
Policy of early times in regard to charity
420
Statute of Geo II c 36
422
Sum charged on land for testator and not yet raised
423
Legacy partly real and partly personal void pro tanto
424
Property savoring of realty Early decisions as to canal shares and debentures Shares in joint stock companies not within the
425
Railway debentures
428
Chronological review of American cases discussing this question
464
Wright v M E Church1839
477
Girard Will i Binneys Argument
492
Dickson v Montgomery1851
497
Perin r Carey1860
501
New York statute of perpetuities
515
Difference between an executory devise and n remainder
524
Gift of personal estate to a class which may comprise objects too remote void
530
Where the remote gift is substitutional that alone fails
537
DevUe to a person who might not answer a certain qualification within allowed
543
As to gifts in remainder expectant on estate for life to unborn person
550
Limitations ulterior to a remote devise void
552
Clause empowering trustees to postpone absolute ownership void
558
Rules of construction not to be strained to render gift valid
564
Limits imposed on the doctrine
572
Effect of stat 39 and 40 Geo III c 98 upon trusts which divest accumulation
578
As to accumulations for childrens portions
584
CHAPTER X
591
Effect of renewal upon bequest of leaseholds
594
servants means servants at date of will
600
renewed lease
606
Verbs in present tense
613
General principle respecting lapse
619
Doctrine in reference to gifts to classes
626
Enactment does not apply where gift does not lapse but property passes over
640
Effect of mistake in locality or occupancy of lands and of misnomer generally
643
Gift of all held too indefinite
646
Gift of part of a larger quantity not uncertain where devisee is entitled to select
652
Does the void gift fall into the residue
659
Devise to three the one to be heir to the other
665
All particulars in description of subject matter of disposition need not be correct
671
Uncertainty avoided by position of names in will
677
Other cases of doubtful words creating a trust
684
Meaning of the rule requiring certainty of object and subject for a precatory
693
Distinction where given in first instance absolutely
700
CHAPTER XIII
708
Evidence of mistake by person who drew the will rejected
714
Clause improperly introduced into will may be rejected on issue devisavit rel
721
Copyhold not extended to freeholds by parol evidence
728
when not to influence construction
737
It is sufficient if testator provide means of ascertainiug the object of gift
743
Effect where there are two subjects or objects answering to description
749
Evidence of immaterial circumstances rejected
756
Gift to next of kin or relation
771
Same rule as to subject of gift
800

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Common terms and phrases

Popular passages

Page 248 - And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator,...
Page 299 - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Page 601 - 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 486 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Page 637 - 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 709 - Where there is nothing in the context of a will, from which it is apparent that a testator has used the words, in which he has expressed himself, in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case to see whether the meaning of the words be sensible in any popular or secondary sense, of which with reference to these circumstances, they are capable.
Page 191 - Act it is enacted6 that if any person shall attest the execution of any will to whom, or to whose wife, or husband any beneficial devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of...
Page 325 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Page 280 - 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 178 - And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...

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