BENEFICIARIES of trusts, 188 [References are to pages.] power of, to appoint remainder, 193 of trusts with power to appoint generally, may resettle estate, 194 BENEVOLENT SOCIETIES wills in favor of, when void, 88 BEQUESTS are a "will" of personalty, 78 contrasted with devise, 78 how to be executed, 106, 205, 206, 303, 305 capacity to bequeath, 78, 79 restrictions on charitable, 88-105 to attesting witness are void, 222 when they lapse, 232-241 revocation of, 246 revocation of, by marriage and birth of issue, 261 of unmarried women are revoked by marriage, 265 bond or agreement to convey property bequeathed not a revocation BROTHERS take real property by descent, when, 386 descent between brothers and sisters is immediate, 388 BURIAL GROUNDS descent of private, 343 CANCELLATION of wills, regulated, 246 CANON LAW some account of, 30 CAPACITY to devise, 50-60, III to make a testament, 78-83, III to take by devise, 67, 71 restrictions on, to will, 88-105 CEMETERIES descent of rights in, 343 [References are to pages.] CHARITABLE USES regulated, 88 restrictions on devisee or bequests to, 88 CHILDREN of testator born after making of will, to inherit, 215, 413 rights of illegitimate, by descent, 358 take real property by descent, 349, 364 adopted, 359, 449 legitimated, by parents' subsequent marriage, 368, 379 posthumous, take by descent, when, 412, 450 who are "advanced," take what by descent, 419 66 theory and application of advancements' to, 423 rights of illegitimate, 358, 430, 449 See POSTHUMOUS CHILD; ILLEGITIMATE CHILDREN CIVIL DEATH effect of, on wills considered, 60, 81 CLAUSE OF ATTESTATION. See ATTESTATION CLERK OF COUNTY to receive wills for safe-keeping, 242 wills to be recorded with, 294 CODICIL defined, 47, 134 republication of will by, 134 when revoking prior will, 249 COLLATERALS who are, 346, 382, 383 successions by, 346, 349 descent of real property to, 349, 380, 386 are "descendants," 382 inheritances by, 389, 395 distribution of personal property among, 430, 431 when no representation among, after brothers' and sisters' children, 431, 456, 461 CONDITIONAL LIMITATION what is a, 146, 176 when settlement takes effect as, 182 confusion regarding term, 183 [References are to pages.] CONDITIONAL WILLS CONJOINT WILLS CONSTRUCTION of wills, 76, 195, 320 CONSTRUCTION, RULES OF wills speak as of time of testator's death, 76 estates devised, saved if possible, 150 devise of valid estates separated from illegal devise, 80, 150 as applied to wills, 76, 195, 196, 197, 198, 199, 200, 201, 320, 326 of ambiguities in wills, 201, 202 title by descent preferred to title by devise, 345 intent of testator to be observed, 77, 196, 197 blood of ancestor favored in descent, 345 CONTINGENT REMAINDERS when pass by devise, 63, 64, 142 when contingent by reason of collateral event, 150 See REMAINDERS CORPORATIONS when cannot take by devise, 67, 68, 69, 70 wills in favor of certain, void, 88, 95, 97, 99, 103 COUNTY CLERK. See CLERK OF COUNTY COURTS CHRISTIAN some account of, 28 influence of, on wills, 19 COUSINS take real property by descent, 389 take personalty of intestate, when, 429, 462 COVERTURE [References are to pages.] former disability of women by, 59 CROSS-EXECUTORY LIMITATIONS CROSS-REMAINDERS what are, 172 at common law, 167, 168 after statutes abolishing entails, 170 now permissible by statute, 171, 172, 173, 174 CURTESY tenant by the, not affected, when, 330 nature of tenancy by the, 338 rights of tenant by, saved by statute, 338 nature of title by, considered, 409 when issue of marriage is posthumous, 413 DATE no part of a will, 110 DEBTS liability of devisee for testator's, 478, 483 DECEDENT ESTATE LAW title of, considered, 43, 44 DECLARATION considered, 121 by testator essential to will, 106, 116, 119 DEFINITIONS advancements, 422, 468 ancestor, 406, 417 animus testandi, 110, 111, 112 assets, 327 codicil, 47, 134, 327 death, 341 debts, 327 decedent, 44 descent, 331, 332, 349, 383 |