Cases on Wills, Descent, and Administration: Selected from Decisions of English and American Courts |
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Results 1-5 of 100
Page 31
... thereof during her life . " And after her death the testator directed his trustees to sell his real estate , and to convert and get in his personal estate , and to invest the moneys to arise in trust for the benefit of his children ...
... thereof during her life . " And after her death the testator directed his trustees to sell his real estate , and to convert and get in his personal estate , and to invest the moneys to arise in trust for the benefit of his children ...
Page 59
... thereof the said word " real " is not entitled to be included in the probate One of the defendants , Eliza- beth Jessy Harter , the widow and remaining executrix of the will , has pleaded denying that the word " real " was inserted in ...
... thereof the said word " real " is not entitled to be included in the probate One of the defendants , Eliza- beth Jessy Harter , the widow and remaining executrix of the will , has pleaded denying that the word " real " was inserted in ...
Page 64
... thereof , be held conclusive evidence that he approved as well as knew the Contents thereof . Sixthly , that the above rules apply equally to a portion of the will as to the whole . " Sir J. P. Wilde , in Guardhouse v . Blackburn ...
... thereof , be held conclusive evidence that he approved as well as knew the Contents thereof . Sixthly , that the above rules apply equally to a portion of the will as to the whole . " Sir J. P. Wilde , in Guardhouse v . Blackburn ...
Page 68
... thereof to the plaintiff and his family , the remaining moiety or the whole of those estates , as the case might be , would appear to pass under the residuary devise of real estate to Mrs. Arbuthnot ( the fourth - named defendant ) and ...
... thereof to the plaintiff and his family , the remaining moiety or the whole of those estates , as the case might be , would appear to pass under the residuary devise of real estate to Mrs. Arbuthnot ( the fourth - named defendant ) and ...
Page 79
... thereof as shall remain unpaid " at the testator's death or the time of distribution , to be deducted and brought into account . In cases of this class the testator really intends that there shall be brought into ac- count the debt or ...
... thereof as shall remain unpaid " at the testator's death or the time of distribution , to be deducted and brought into account . In cases of this class the testator really intends that there shall be brought into ac- count the debt or ...
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Common terms and phrases
action adeemed ademption administrator admitted to probate appears applied appointment assets bequeath bequest cancellation child civil death claim clause codicil common law Court of Chancery court of equity creditors death debts deceased decision declared decree defendant descent devise died dispose disposition distribution doctrine effect entitled equity evidence Ex'rs executor fee simple gift give heirs at law held husband inherit instrument intention interest intestate judgment jury land legacy Lord Lord Penzance Lyon county marriage ment mortgage N. J. Eq paid paper party payment personal estate personal property plaintiff present probate court provisions question real estate reason reference residuary legatee residue revocation revoked rule signature signed statement of facts Statute of Frauds subscribing witnesses sufficient supra Supreme Court testament testamentary testamentary capacity testator's testatrix thereof tion trust valid widow wife words writing written
Popular passages
Page 159 - 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 presence of the testator, but no form of attestation shall be necessary.
Page 757 - ... 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 491 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 744 - ... accordingly, if the said being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said court, then this obligation to be void and of none effect, or else to remain in full force and virtue.
Page 704 - ... unless a contrary intention shall appear by the will. XXV. And be it further enacted, That, unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise...
Page 219 - ... or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is herein-before 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 361 - That no will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner herein-before required, and showing an intention to revive the same...
Page 471 - Be it ordained by the authority aforesaid that the estates both of resident and nonresident proprietors in the said territory, dying intestate, shall descend to and be distributed among their children and the descendants of a deceased child in equal parts, the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the...
Page 326 - 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 239 - Frauds it is enacted, that no devise in writing of lands, tenements, or hereditaments, or any clause thereof, shall be revocable otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and consent...