DESCENT - [References are to pages.] Continued of vested remainders, 342 of fixtures, 342 of rents, 342 of crops, 343 of pews, 343 of graves, 343 of rights in cemeteries, 343 of lands mortgaged, 343 of lands condemned, 344 of infants' lands sold in partition, 345 title by, preferred to title by devise, 345 construction of rights by, 345 rules of, favor blood of ancestor, 345 common law rules of, 351 statutory changes in rules of, 355 to lineal descendants, 349, 364, 367 to mother, 349, 375 to collateral relatives, 349 to widow, 358 to legitimated children, 358 to adopted children, 358, 359, 366 to adoptive father, 362 to aliens, 363 to father of intestate, 349, 369 to grandparents of intestate, 375 to mother of intestate, 349, 375 to collateral relatives, 380, 389 to brothers and sisters, 386 to descendants of brothers and sisters, 386 to half-blood, 387, 404 to collaterals, 389 to relatives of husband or wife, 408 in cases not provided for by statute, 410 to several heirs, not a joint tenancy, 414 when ancester an alien, 416 subject to "advancements," 419 DEVISE differs from a testament, 6, II abstract right to, considered, 11, 12, 16, 18, 21 DEVISE - Continued [References are to pages.] what real property may be devised, 61, 62 validity of a particular, governed by Real Property Law, 66, 136, 137 who may take by, 67 to corporations, void unless empowered to take, 67 to charitable corporations void, when, 88 to benevolent, charitable, literary, scientific, religious, associations or a species of conveyance, 107, 108, 303, 304, 322 when executed out of New York State, 106, 116, 117, 205, 206, 207, validity of, must conform to Real Property Law, 66, 136, 137 to attesting witness void, 222 to child or descendant not to lapse, 232 when it lapses, 232-241 revocation of, 246 revocation of, by marriage and birth of issue, 261 of unmarried women, revoked by marriage, 265 bond or agreement to convey property devised, not a revocation of, 271 to be recorded, when, 289 effect of failure to probate and record, 316 may be void when bequest in same will valid, 321, 326 title by descent, preferred to title by, 345 DEVISEE when liable for testator's debts, 478, 483 DISTRIBUTION some account of statute of, 347, 437 Revised Statute of, 446 law of intestate's last domicile governs, 448 time for fixing, 448 law governing, 448 See STATUTE OF DISTRIBUTIONS DOCUMENTS [References are to pages.] not attested, can not be incorporated in will by cross-reference, 115 DOMICILE defined, 210, 322 effect of change of, 211, 448 of origin, 211 of married woman, 322 DOWER tenant in, not affected, when, 330 title by, 409, 452 DUPLICATE WILLS how revoked, 258 "DYING WITHOUT ISSUE" OR HEIRS how construed, 177, 178 ELECTION when devise void, devisee not put to his election, 80, 81 ESCHEATS for alienage, 72 ESTATE every, in real property, if descendible, is devisable, 61, 62, 136 of trustees of express trusts, 187, 188, 190 of trustees, when subject to vested life estate, 195 created by deed, not affected by Statute on Descents, 330, 339 ESTATES FOR LIFE devise of, 137, 138 limitation of successive, 138 limitation of contingent, 138 limitation of fee after two, 143, 191 of devisees, 139 when accelerative, 139, 140 vested, 139 at common law, 140 successive, must be to persons in being, 140 [References are to pages.] ESTATES IN TRUST. See TRUSTS ESTATES PUR AUTRE VIE are devisable, 62 how to be limited, 138 one qualification of estates for life of grantee, 141 EXECUTION OF WILLS regulated, 106-134, 203 when in conformity with laws of other states, 205 effect of change of testator's residence on prior, 209, 213 EXECUTORS defined, 500 aliens cannot be, 82 appointment of, not necessary to validate nuncupative wills, 87 have not to do with real property, 490 sales of real estate by, regulated, 490 de son tort abolished, 499 history of the office of, 501 title of, 502, 503 when chargeable personally for testator's debts, 505 actions by and against, 513, 516, 518, 521, 524 actions of account against, 513 actions on contract against, 513 actions of trespass against, 521 of executors, no authority, when, 518 EXECUTORY DEVISES considered, 184, 185 EXECUTORY LIMITATIONS considered, 142, 151, 152, 155, 157, 159, 176, 177, 178, 179, 181 FACTUM of a will, 109, 110, III FATHER takes real property by descent, 349 when he does not inherit, 371 FATHER- Continued [References are to pages.] if mother be dead, father takes life estate, when, 369, 374 FEE inherit real property from legitimated children, when, 375 limitation of "a fee upon a," 142, 151, 152, 153, 155, 156, 166, 176, 178, 179, 180, 181, 190, 191 limited after two successive life estates, 143, 191 FIEFS some, inalienable by the feudal law, 18 FILIPINOS may take by devise, 74 FIRE ORGANIZATIONS restrictions on devises and bequests to, 103, 104 FIXTURES descent of rights to, 342 FOREIGN WILLS probated here, how to be executed, 116, 303, 306 ancillary letters on, 325 GENERAL GUARDIANS investments by, 493, 496 GRAND CHILDREN take real property by descent, when, 349, 365 GRAND NEPHEWS AND GRAND NIECES take personal property of intestates, when, 429, 457 GRAND PARENTS take real property by descent, when, 376, 389, 398, 411 GREAT GRAND CHILDREN take real property by descent, 349, 365 take personal property of intestates, when, 429 |