A Treatise on Wills, Volum 2

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Innhold

Posterior of two inconsistent clauses preferred
46
Clear gift not cut down by doubtful expressions
53
Elliptical expression supplied but an event not contemplated will not be pro
64
Words of limitation used in one devise not to be applied to a distinct devise
71
Instances of transposition
77
ought to be construed according to the context
100
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
Implication of estates tail before 1 Vict c 26
138
Estate tail implied notwithstanding express contingent devise in tail
143
CHAPTER XVIII
149
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
verted Doctrine of conversion as between claimants under will and real
170
not converted
176
Mere power does not produce conversion unless by force of the context
183
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
202
Effect of gift of rents to tenant for life
209
Principle same whether land or money is the object of conversion
212
Beal fund will not pass under a bequest of personalty
219
Specific sums payable out of the produce of real estate belong to the heir
225
Residuary legatee held o be entitled to void legacy
231
3 Void legacies held to fall into residue
237
OPERATION OF A GENERAL DEVISE OF REAL ESTATE
238
Particular residue
244
Whether inapt limitations will exclude a reversion
250
Unsurrendered copyholds passed in equity by a general devisewhen
258
Mere power of sale does not let in legacy duty
262
General devise of real estate where no freeholds
270
What denotes intention to exercise power over personalty
276
Effect where appointment would defeat testators own settlement
281
Effect of devise of mortgaged lands on beneficial interest
287
Rule finally established in Lord Braybroke v Inskip
293
5 Unless a contrary intention appears
297
Gift of real and personal estates in trust to sell and get
299
Difference between a vendor and a mere irustee
302
Devisee of irust estate held unable to make a title to a purchaser
309
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 AND BEQUESTS WHETHER VESTED OR CONTINGENT
406
Rule where prior estate takes effect bat is determined in a different manner
413
Word when referred to determination of prior estate
419
To A when he attains twentyone and if he die before then over
425
Distinction between gift to children at twentyone and one to children
433
Question whether contingency applies to one or all of several limitations
446
Gift over in one event favors vesting in all other events
452
458 Movables plate linen c S S stock
458
Effect where apparently contingent gift must be severed from the estate
466
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
Bentcharge 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
Restraints on alienation by tenant in tail invalid
535
Assignees in bankruptcy entitled to benefit of trust for maintenance
545
Sale under process of outlawry held no forfeiture clause requiring positive
551
Controversy as to trust for separate inalienable use during future coverture
559
What are valid restraints on marriage by the law of England
563
General restrictions on marriage as to real estate
572
Whether survivors can give consent
578
Acceptance of legacy makes the annexed condition binding
584
5G3 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
Fourth read fifth
825
Devise not controlled by reason assigned
869
Devises after payment of debts
875

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Populære avsnitt

Side 272 - 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 136 - ... 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 272 - ... 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 261 - 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 317 - M., all the remainder and residue of all the effects, both real and personal, which I shall die possessed of.
Side 261 - 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 333 - 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 533 - 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 490 - ... 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 334 - ... 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.

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