A Treatise on Wills, Volum 2

Forside
F.D. Linn, 1880
 

Innhold

What provisions are inconsistent with claim of dower
26
Devise on trust to sell
33
Trusts exclusively to personalty held to prevent realty passing
35
From what acts an election is presumed
40
Parke
41
Posterior of two inconsistent clauses preferred
46
Dawson
48
Clear gift not cut down by doubtful expressions
53
read without leaving issue
62
Words supplied to make limitations consistent with context
68
Name of legatee not supplied by conjecture
74
As to changing words
80
Devise over if devisee in tail should die under twentyone or unmarried
87
To A or his heirs
93
Whether unmarried means not having been married or not being married
99
Reference by testator to a disposition made in that his will
106
Necessary implication what As to real estate
112
Whether devisee must be heir at the death
113
Distributive construction not the general rule
119
Tendency to imply life interest in personal bequests checked by Ralph v Carrick
125
When this implication fails
131
Miller
134
Implication of estates tail before 1 Vict c 26
138
Estate tail implied notwithstanding express contingent devise in tail
143
Ward
146
CHAPTER XVIII
149
Winshup
154
Of expressions of kindness
155
Estate if not accelerated may be too remote
161
Devise to take effect after raising of a sum of money for certain purposes
162
Postponement during minority not extended to devises over
169
Destination of undisposedof interests in property directed to be con
170
not converted
175
Effect of property directed to be sold being devised in a certain contingency
181
Person absolutely entitled may elect to take property in its actual state
188
Trustees option to sell may affect destination of property
194
cannot be converted
201
Effect of gift of rents to tenant for life
209
Destination of undisposedof interests in property directed to be converted
211
As to conversion subjecting fund to simple contract debts
217
Heir takes as personaltywhere
223
Whether blending of proceeds of real and personal estate excludes the heir
230
General remarks on the cases
237
Its operation in regard to specific lapsed devises
239
Particular residue
245
Vernon
247
Conclusion from the cases
252
Unsurrendered copyholds passed in equity by a general devisewhen
258
Unattested will
259
Effect of a charge exceeding the value of the freehold
265
Specific devise of freehold where no freehold
271
Devise of all that testator has power to dispose of executes a power
277
Power general only testamentary
279
Does not apply to special powers
285
Legal estate held to pass
291
Words mortgages and securities for money pass the legal estate
297
Rule as to copyholds
301
CHAPTER XXIII
352
Movables plate linen c S S stock
358
Effect where will also contains general residuary clause
364
Where ascertained fund is subject to unascertained charges
370
Not if there be a distinct residuary bequest
376
Premises
382
House cottage what amounts
385
Leaseholds misdescribed as freehold held to pass
391
At in or near how construed
400
Devises of reversions and remainders
408
Devise during widowhood with devise over on marriage
414
Words from and after similarly construed
420
Effect where another event is associated
426
Distinction between gift to children at twentyone and one to children
433
Where testator devises upon contingency misconceiving the extent of his power
439
Question whether contingency applies to one or all of several limitations
446
Gift over in one event favors vesting in all other events
452
Effect where payment is postponed for convenience of fund
458
interest will not vest the legacy where a contrary intention appears
464
Effect of an express direction when the legacy is to vest
467
Gift on attainment of certain age held contingent
474
CHAPTER XXVI
483
Effect where executory gift never takes effect
489
Gift subject to a power which is extinguished
495
Whether executory limitation to arise out of contingent remainder is involved
499
CHAPTER XXVII
505
Rentcharge upon condition that the devisee releases
511
Period allowed for performing conditions
518
Conditions impossible ab initio or illegal
524
Gift over if devisee dies intestate or without selling is void
529
Walsh
532
Restraints on alienation by tenant in tail invalid
535
Young
543
Assignees in bankruptcy entitled to benefit of trust for maintenance
545
Sale under process of outlawry held no forfeiture clause requiring positive
551
Inalienable trust for maintenance not permitted except in case of a married
557
What are valid restraints on marriage by the law of England
563
Conditions in restraint of marriage and as to such conditions being
568
Where legacy is given upon an alternative event
569
Whether survivors can give consent
578
Acceptance of legacy makes the annexed condition binding
584
Distinction in regard to real and personal estate
585
Whether devise to heir in singular gives the
588
claiming by descent through heirs male
594
Heirs held to mean heir apparent by force of context
600
In reference to personal estate how construed
606
To my next lawful heirs
612
GIFTS TO FAMILY DESCENDANTS ISSUE NEXT OF KIN PERSONAL
622
Influence which the nature of the property has upon the construction
628
Gift to descendants equally they take per capita unless they are to take
634
Effect of express desire to keep estate together
638
Next of kin confined to persons strictly answering to this character
644
held to denote next of
650
Distinction in regard to substitution between immediate and future gift
656
To relation in the singular
662
Alexander 417 432
782

Andre utgaver - Vis alle

Vanlige uttrykk og setninger

Populære avsnitt

Side 274 - Estate to which such Description shall extend (as the Case may be), which he may have Power to appoint in any Manner he may think proper, and shall operate as an Execution of snch Power, unless a contrary Intention shall appear by the Will...
Side 138 - ... unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise...
Side 274 - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...
Side 263 - That a general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner...
Side 319 - M., all the remainder and residue of all the effects, both real and personal, which I shall die possessed of.
Side 263 - That a devise of the land of the testator, or of the land of the testator in any place, or in the occupation of any person mentioned in his will, or otherwise described in a general manner, and any other general devise which would describe a...
Side 335 - Christian like and decent manner at the discretion of my executors/ nothing doubting but at the General Resurrection/ I shall receive the same again by the mighty Power of God/ and as touching such worldly Estate wherewith it hath pleased God to Bless me in this Life/ I give Devise and Dispose of the same in the following manner and form.
Side 535 - There is no doubt that property may be given to a man until he shall become bankrupt. It is equally clear, generally speaking, that if property is given to a man for his life, the donor cannot take away the incidents to a life estate...
Side 492 - ... which would have been valid as a springing or shifting use, or executory devise, or other limitation, had it not had a sufficient estate to support it as a contingent remainder, shall, in the event of the particular estate determining before the contingent remainder manders.
Side 336 - ... my personal estate and effects whatsoever and wheresoever, and of what nature or kind soever or whatever I may lie possessed of at my decease to and for her own sole use and benefit.

Bibliografisk informasjon