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(References are to pages.)
BENEFICIARIES

of trusts, 188
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

of, 271

BROTHERS

take real property by descent, when, 386
descent between brothers and sisters is immediate, 388
take personal property of intestates, when, 429, 455

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
of witnesses to a will, 116

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
action for share of inheritance of posthumous, regulated, 229
protected from “ lapse” of devise, 232
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
theory and application of advancements to, 423
take personal property of intestate, 429, 453
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

considered, 136

CONJOINT WILLS

considered, 136
how revoked, 258

CONSTRUCTION

of wills, 76, 195, 320
of title by devise, 345

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

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CONTINGENT

when estates are, 145, 146
limitations, when void, 148, 149

See REMAINDERS

CONTINGENT REMAINDERS

when pass by devise, 63, 64, 142
when contingent by reason of collateral event, 150
what, are descendible, 340

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

[References are to pages.]
COVERTURE

former disability of women by, 59

CROSS-EXECUTORY LIMITATIONS

not formerly implied in devises, 183, 184

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
of prior subscription by testator, 106, 116, 118
is equivalent to “publication,” 106, 121, 123

See PUBLICATION

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

(References are to pages.]
DEFINITIONS Continued

devise, 45
domicile, 210, 322
“ end of a will,” 106, 112, 113
ex parte materna, 371
ex parte paterna, 392, 393

factum,” 110, III
having died,” 330
infant, 78, 80
inheritance, 328, 346, 408
intestate, 327
legitim, 3, 439
living, 330
next of kin, 328
non compos mentis, 55
owner, 438
ownership, 438, 439
personal property, 328
“publication of a will,” 121, 123
real property, 63, 328, 329, 340, 341
remainder, 176
representation, 446
residence, 210, 322
seisin, 341, 352, 358
testament, 6, 23, 45
will, 2, 45, 46, 110, III, 127, 327

DEPOSIT OF WILLS

in public offices, regulated, 242-245
withdrawal of, regulated, 244

DESCENDANTS

lineal, take real property by descent, 349
collateral, 382, 383
who are, 349, 382
take personal property, when, 429, 453

DESCENT

of real property, 329-428
article of the statute regulating, 329-428
term defined, 331, 349
how regulated, 350
brief history of the laws of, 333, 334, 350
of “reversions," 137, 341
of contingent remainders, 341

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