Cases on Wills, Descent, and Administration: Selected from Decisions of English and American Courts |
From inside the book
Results 1-5 of 100
Page 4
... most valuable rights of the lord - relief , wardship , and marriage . It was therefore wholly inconsistent with feudal LAST WILLS AND TESTAMENTS . ( Part 1 Testator's Acknowledgment, Publication and Request to Witnesses.
... most valuable rights of the lord - relief , wardship , and marriage . It was therefore wholly inconsistent with feudal LAST WILLS AND TESTAMENTS . ( Part 1 Testator's Acknowledgment, Publication and Request to Witnesses.
Page 5
... lords the feudal dues which they could not claim if the estate of the heir were defeated by a devise . The Statute of ... lord . When by the act for the abolition of military tenures , tenure by knight - service was converted into free ...
... lords the feudal dues which they could not claim if the estate of the heir were defeated by a devise . The Statute of ... lord . When by the act for the abolition of military tenures , tenure by knight - service was converted into free ...
Page 31
... Lord Cranworth appears * * * to have regarded fraud as a spe- cies of undue influence . It is a mere question of terms ; but by the rules of pleading established in this court since December , 1865 , fraud , which includes ...
... Lord Cranworth appears * * * to have regarded fraud as a spe- cies of undue influence . It is a mere question of terms ; but by the rules of pleading established in this court since December , 1865 , fraud , which includes ...
Page 32
... Lord Alvanley took care to distinguish between the cases of an innocent and a fraudulent legatee , and in my opinion there is no warrant for saying , where the testator knew this infant legatee personally , and intended to benefit her ...
... Lord Alvanley took care to distinguish between the cases of an innocent and a fraudulent legatee , and in my opinion there is no warrant for saying , where the testator knew this infant legatee personally , and intended to benefit her ...
Page 34
... Lord KENYON , C. J. I think that this evidence ought to have been received . The testator having made one will , which ( is admitted ) was a good will , and being pressed by certain persons around him to make another will , asked in the ...
... Lord KENYON , C. J. I think that this evidence ought to have been received . The testator having made one will , which ( is admitted ) was a good will , and being pressed by certain persons around him to make another will , asked in the ...
Contents
| 87 | |
| 93 | |
| 102 | |
| 111 | |
| 145 | |
| 152 | |
| 195 | |
| 202 | |
| 228 | |
| 270 | |
| 307 | |
| 320 | |
| 363 | |
| 384 | |
| 405 | |
| 413 | |
| 420 | |
| 444 | |
| 451 | |
| 453 | |
| 461 | |
| 474 | |
| 480 | |
| 486 | |
| 591 | |
| 605 | |
| 611 | |
| 620 | |
| 627 | |
| 632 | |
| 657 | |
| 669 | |
| 676 | |
| 682 | |
| 683 | |
| 685 | |
| 702 | |
| 711 | |
| 720 | |
| 722 | |
| 731 | |
| 746 | |
| 753 | |
| 771 | |
| 772 | |
| 775 | |
| 778 | |
Other editions - View all
Common terms and phrases
action adeemed ademption administrator admitted to probate appears applied appointment assets attestation authority bequeathed bequest cancellation charge child civil death claim clause codicil common law Court of Chancery court of equity creditors death debts deceased 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 lands legacy letters testamentary Lord 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 Statute of Frauds sufficient supra Supreme Court testament testamentary capacity testator's testatrix thereof tion trust undue influence valid widow wife words writing
Popular passages
Page 167 - 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 767 - ... 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 503 - ... 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 756 - ... 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 113 - Parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows (that is to say) : the word " will " shall extend to a testament, and to a
Page 373 - 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 483 - 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 251 - 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...
Page 512 - The clause of the federal constitution •which requires full faith and credit to be given in each state to the records and judicial proceedings of every other state applies to the records and proceedings of courts only so far as they have jurisdiction.
Page 21 - These rules are two; the first, that the onus probandi lies in every case upon the party propounding a Will; and he must satisfy the conscience of the Court that the instrument so propounded is the last Will of a free and capable Testator.