Cases on Wills, Descent, and Administration: Selected from Decisions of English and American Courts |
From inside the book
Results 1-5 of 100
Page 10
... tion of reason " ; that to bring about that result the testator must be non compos mentis , and that the law defines a person non compos men- tis to be " one wholly deficient in understanding , or who by grief , sick- ness , or other ...
... tion of reason " ; that to bring about that result the testator must be non compos mentis , and that the law defines a person non compos men- tis to be " one wholly deficient in understanding , or who by grief , sick- ness , or other ...
Page 17
... tion of reason is necessary to destroy contractual capacity ; less rea- son is necessary to make a will than a deed ; that is , something more than total deprivation is required to destroy testamentary capacity , or something less than ...
... tion of reason is necessary to destroy contractual capacity ; less rea- son is necessary to make a will than a deed ; that is , something more than total deprivation is required to destroy testamentary capacity , or something less than ...
Page 32
... tion to the effect that the bequest to Adelaide Ward , the pretended wife of the testator , is wholly void , and then there must be the usual decree for administration . The right of the infant , Sarah Ward , seems to me very clear . An ...
... tion to the effect that the bequest to Adelaide Ward , the pretended wife of the testator , is wholly void , and then there must be the usual decree for administration . The right of the infant , Sarah Ward , seems to me very clear . An ...
Page 53
... sitive wor takin der C adobe of L. J } .J aty :: The scri min we will na edtan Ama Tision giv Sup * ΠΟΙ Hren 40 unt very the ety - t Fared will tunit 100 tion Jonas th tio led it The Mavo See 52 ( 3 ) LAST WILLS AND TESTAMENTS . ( Part 1.
... sitive wor takin der C adobe of L. J } .J aty :: The scri min we will na edtan Ama Tision giv Sup * ΠΟΙ Hren 40 unt very the ety - t Fared will tunit 100 tion Jonas th tio led it The Mavo See 52 ( 3 ) LAST WILLS AND TESTAMENTS . ( Part 1.
Page 63
... tion of the person who drew the will that the clause should be in it . In the present case the testator intended that a clause disposing of the residue of his personalty should be in the will , but he left it to another person to choose ...
... tion of the person who drew the will that the clause should be in it . In the present case the testator intended that a clause disposing of the residue of his personalty should be in the will , but he left it to another person to choose ...
Contents
1 | |
9 | |
31 | |
56 | |
65 | |
79 | |
87 | |
90 | |
405 | |
419 | |
421 | |
426 | |
444 | |
452 | |
461 | |
474 | |
93 | |
102 | |
111 | |
112 | |
114 | |
116 | |
133 | |
147 | |
166 | |
174 | |
195 | |
202 | |
228 | |
229 | |
246 | |
270 | |
305 | |
306 | |
338 | |
339 | |
368 | |
384 | |
386 | |
388 | |
391 | |
396 | |
397 | |
480 | |
486 | |
494 | |
507 | |
521 | |
533 | |
545 | |
562 | |
568 | |
591 | |
605 | |
611 | |
620 | |
632 | |
657 | |
682 | |
689 | |
702 | |
711 | |
715 | |
722 | |
731 | |
753 | |
775 | |
778 | |
Other editions - View all
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...