HUSBAND AND WIFE, [The figures refer to pages.] see Administrators and Executors; Coverture; Descent; Revocation of ILLEGITIMATE CHILDREN, IMPLIED REVOCATION, see Revocation of Wills. INCORPORATION BY REFERENCE, 202-227, 339, 342-351. by codicil, 208-210, 215-218, 342-351. by holographic will or codicil, 215-218, and note. in general, 202-218, 226, 227, 339. New York rule, 215, note, 349-351. secret trusts, 218-221, and note. INFANCY, as affecting testamentary, capacity, 9. INTEREST ON LEGACIES, see Probate and Administration. INTERESTS BELONGING TO EXECUTORS AND ADMINISTRATORS, INTESTACY, see Descent; Partial Intestacy; Probate and Administration. JOINT WILLS, see Wills. JURISDICTION TO ISSUE LETTERS. see Probate and Administration. LAPSED GIFTS, see Residuary Devises and Bequests. LEGACIES, see Abatement; Probate and Administration; Residuary Devises and Be- MISTAKE Continued, [The figures refer to pages.] ignorance of scrivener, 51-55, and note. omissions, 56-64, 116. striking out words, 58-77. wrong paper executed, 77, 78. MUTILATION, see Revocation of Wills. MUTUAL WILLS, see Wills. NAME, see Execution of Written Wills NUNCUPATIVE WILLS. OBLITERATION, see Revocation of Wills. OLOGRAPHIC WILLS. PARTIAL INTESTACY, see Advancements. descent, 396, 397. lapsed residue, 720, 721. PENCIL, cancellation with, 96, note, 253, note. will written with, 93, 94. PORTIONS, double not favored, 742, note. POSTHUMOUS CHILD, see Descent. PRETERMITTED HEIRS, see Descent. PROBATE AND ADMINISTRATION, see Abatement of Legacies and Devises; Ademption; Administrators action for wrongful death, 595-599. breach of contract for skillful treatment, 594, 595. breach of promise of marriage, 592-594. contracts of executors and administrators, 600-604. covenant for ground rent, 599, 600. quasi contracts, 592, note. torts of deceased, 591, 592, and note. torts of executors, 602, note. presentation of claims, action as presentation, 608, and note. contingent and uncertain claims, 607, 608, 610, note. 692-697. effect on mortgage and deficiency of failure to present claim, 607, extent of claim of secured creditor having insufficient security, notice to one of several representatives, 605. same person executor both of creditor and of debtor, 609, 610. [The figures refer to pages.] PROBATE AND ADMINISTRATION-Continued, priority between claims, 611-613. at common law, 611. where ancillary administration, 611-613. priority of creditors over legatees and next of kin, 613–620. retention for contingent claims, 613-619. refunding by creditors, 632-636. debts due from the personal representative as assets, 568-572. kinds of interests, 545–562. action for damage to the person, 560, note. action for damages done to the personal estate, 559, 560, and note. action on fire insurance policy, 552-557. action to recover property transferred in fraud of deceased's cred- breach of promise of marriage, 545, 546, and note. covenant not to injure trees excepted from demise, 547-549. when interest vests, administrator, before appointment, 565–568. relation back, 565-568, 602, 603. executor, before probate, 562-565. Jurisdiction to issue letters, 493–506. community property, 496, note. court having jurisdiction, 498-504. effect of lapse of time on right to issue, 504-506, and note. living person's estate, 495, note. kinds of probate and administration, solemn form, 507, note. legacies and devises, abatement of, 657-682. see Abatement of Legacies and Devises. dividends on, 654-656. interest, 637–653. annuity, 646, 648. definite sum to one for life and then over, 645-652. legacy for maintenance, 652, 653. pecuniary legacy where no time for payment fixed, 637, 638. pecuniary legacy where payment to be "as soon as convenient," rate of interest, 643, 644. residue to one for life and then over, 647. refunding by legatees and distributees, dividends on stock refunded, 699–702. interest on refund, 699. on devastavit, 682, 683, and note. voluntary payment of legacy under mistake as to assets and li- retainer, for contingent claims, 613-619. for debts barred by the statute of limitations, 697, 698. [The figures refer to pages.] PROBATE AND ADMINISTRATION-Continued, necessity and effect of probate and administration, 426-443, 507–521. administration of estate of living person, 495, note. construction of will on probate, 520, 521. effect of full faith and credit clause of federal Constitution as to sis- ejectment begun by devisee before probate, 507-510. next of kin and distributees suing for benefit of estate, 514–519. probate of fraudulently altered will, 513, 514. revocation of probate and of administration, 533-544. forged will, 534, 535. subsequent probate without revocation of administration by direct survival of actions, see interests belonging to executors and administrators, under this title of executors and of administrators, see interests belonging to executors and administrators, under this title of personalty of intestate pending administration, 516, note. see Execution of Wills. QUALIFIED HEIR, 477-480. REASONABLE PARTS, doctrine of, 6. RECEIVERS FOR DECEDENTS' PROPERTY, 516, note, 529, note. see Probate and Administration. by creditors, 632-636. by legatees and distributees, 682-697, 699–702. RENUNCIATION, of devise, 718, note. of executorship, 533, note. REPUBLICATION OF WILLS, 339–367. after-acquired realty, 340, 341. curative effect of codicil, 362, note. effect upon good gifts in will that would be bad if in codicil, 363-367. effect upon satisfied or revoked legacies, 361, 362. holographic wills, 351, note. incorporation by reference in codicil, 208-210, 215-218, 342–351. RESIDUARY DEVISES AND BEQUESTS, 714-721. see Abatement of Legacies and Devises; Satisfaction. blending realty and personalty, see Abatement of Legacies and Devises. lapsed devises, 717, 718. lapsed legacies, 711-714, 720, 721. residue of residue, 720, 721, and note. void bequest, 715–717. void devise, 714, 715. RESIDUARY LEGATED EXECUTOR, 520, note. RETAINER, see Satisfaction. [The figures refer to pages.] for contingent claims, 613-619. for debts barred by statute of limitations, 697, 698. REVIVAL OF WILLS, 368-383. effect of destruction of earlier revoked will before revival attempted, 381, effect of mistaken notion that revocation of reviving will leaves revived effect of revocation of will expressly revoking earlier will, 368–379, 382. variance between rules of common-law and ecclesiastical courts, 368, 369. see Probate and Administration. REVOCATION OF WILLS, by burning, tearing, canceling, obliterating, mutilating, or otherwise de- burning, 242-245, and note. cancellation, 249–253, 254, note, 262-266. destruction, 248, note, 251, 252. mutilation, 254, note. obliteration, 253, note, 256, 257, note, 262–266. tearing, cutting, 248. scratching, 248. uncompleted act, 246-248. union of act and intent, 241–248. by circumstances, adoption of child, 298-301. birth of children, 272-274, 283-290, and note. conveyance, 290-293, and note, 296. death of beneficiaries, 295, note. divorce, with adjustment of property rights, 301-306, and note. insanity of testator, 294. loss of estate, 295. marriage and birth of children, 272–274, and note. marriage as affecting man's will, 274, note, 275, 276, and note, 295, marriage as affecting woman's will, 276-283. provision for wife and child to prevent, 283-290, and note. by subsequent instrument, 229-241. capacity, need of testamentary, 230, 231, and note. conveyance, 290-293, and note. general revocatory clause, 232, 233, 235. implied revocation, 233-235, 238-241. improperly executed writing not a will, 241, 242, 254-256, 262-266. "last" or "last and only" will, 238-241. properly executed writing not a will, 236, 237, and note. capacity, testamentary, to revoke, 230, 231, and note. codicil, as affected by revocation of will, 258-261, and note. dependent relative revocation, 308–337. evidence of mistake where revocation by writing, 335. mistake as to effect of revoking a reviving codicil on revival of old mistake as to loss of old will, 316, 317. mistake as to revival of old revoked will, 317, 318. mistake as to validity of new will, 308, 309, and note, 336, 337. mistake as to validity of substituted words or pages, 310, 311, 323- |