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Bøker Bok 110 av 40Where a gift is to the children of several persons, whether it be to the children...
" Where a gift is to the children of several persons, whether it be to the children of A and B or to the children of A and the children of B, they take per capita and not per stirpes. "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Side 49
av New Jersey. Court of Chancery - 1884
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 116

Alabama. Supreme Court - 1898
...took under the second clause of the will per xli'i-pex or per capita. Mr. Jarman says on this subject. "Where a gift is to the children of several persons,...and the children of B., they take per capita and not pergtirpcs." — 2 Jar. on Wills, (6th ed.), p. 205, *p. 1051, § XII. In the notes to the text, several...
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A treatise on wills, Volum 2

Thomas Jarman, Jonathan Cogswell Perkins - 1859
...the original will, and Lord Thurlow held, that the youngest child at his death was entitled. (/) V. Where a gift is to the children of several persons, whether it be to the children of A and B (g) or to the children of A and the children of B, (A) they take per capita, not per stirpes.1 (a)...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 297

Illinois. Supreme Court - 1921
...notwithstanding such words. A leading authority on this question is doubtless Jarman on Wills, who states : "Where a gift is to the children of several persons,...children of B, they take per capita and not per stirpes; * * * but this mode of construction will yield to a very faint glimpse of a different intention in...
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Reports of Cases Argued and Determined in the English Courts of ..., Volum 66

Thomas Sergeant, John Cole Lowber, Thomas M'Kean Pettit, George Sharswood, Henry Wharton, Samuel Dickson, James Parsons, William Wynne Wister - 1866
...clause cannot be read «'on the death of each, as to the moiety of each." The general rule is that, "where a gift is to the children of several persons,...of A. and the children of B., they take per capita, not per stirpes;" 2 Jarman on Wills, 111. Malcolm v. Martin, 3 Bro. Ch. Ca. 50, and Pearce v. Edmeades,...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volum 3

New Jersey. Court of Chancery - 1868
...Vol. 2, p. Ill, very fairly states the result of the English and American cases on this subject. " Where a gift is to the children of several persons,...of A and the children of B, they take per capita, not per stirpes." "The same rule applies where a devise or bequest is made to a person described as...
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A Treatise on the American Law of Real Property, Volum 3

Emory Washburn - 1876
...whether this distribution shall be per stirpes or per capita. Upon this latter point, if a devise be to A and the children of B, they take per capita, and not per stirpes. So where the devise is to several persons " equally," or " share and share alike," &c., they take per...
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A Treatise on Wills, Volum 2

Thomas Jarman - 1880
...one of his children as fully provided for ; the seven other children were entitled. 24 V. — AA'here a gift is to the children of several persons, whether it be to the children of A and B, (e) or to the children of A and the children of B, (/) they take per capita, not per stirpcs. The same...
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A Treatise on Wills, Volum 2

Thomas Jarman - 1881
...he considered one of his children as fully provided for ; the seven other children were entitled. V. Where a gift is to the children of several persons, whether it be to the children of A. and 13. (e), or to the children of A. Whether and the children of B. (/) , they take per capita, not per...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 12

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1883
...necessary to effectuate the intention of the testator. Roper, 69-70. Where there is a devise or bequest to the children of several persons, whether it be...children of B," they take per capita and not per stirpes. 2 Jarmen Wills, 111 ; 2 Redf. Wills, 897 ; 8 Bro. CC, 367 ; 2 P. Wm., 384 , 2 Vern., 705 ; 1 Sandf.,...
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The Eastern Reporter: Containing All the Decisions of the States ..., Volum 11

1887
...Conjecture, doubt, or even equilibrium of apparent intention will not suffice. Gutkrids Appeal, 1 Wr. 9. Where a gift is to the children of several persons, whether it be to the children of A. and'B., or to the children of A. and the children of B., they take per capita and not per stirpes....
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