Probate Reports Annotated: Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law : with Notes and References

Frank Sumner Rice, William Lawrence Clark
Baker, Voorhis, 1902

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Side 562 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Side 763 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Side 435 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Side 259 - Soul into the hands of God who gave it and my body to the Earth to be buried in a decent and Christian like man-ner at the discretion of my Executors herein after named, and as to such...
Side 812 - ... as if under cross-examination, at the instance of the adverse party, or any of them, and for that purpose may be compelled, in the same manner, and subject to the same rules for examination as any other witness, to testify; but the party calling for such examination shall not be concluded thereby, but may rebut it by counter testimony.
Side 384 - ... stock of the United States or of the State of New York, or of the city of New York, or...
Side 656 - We think these decisions establish the doctrine on " which we decide the present case, namely, that the acts " for which a Court of equity will on account of fraud set " aside or annul a judgment or decree, between the same " parties, rendered by a Court of competent jurisdiction, " have relation to frauds, extrinsic or collateral, to the mat' ' ter tried by the first Court, and not to a fraud in the mat" ter on which the decree was rendered.
Side 745 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Side 764 - Except as hereinafter otherwise provided, every express trust in real property, valid as such in its creation, vests the whole estate in the trustees, subject only to the execution of the trust. The beneficiaries take no estate or interest in the property, but may enforce the performance of the trust.
Side 744 - Notwithstanding anything contained in the last section, the author of a trust may, in its creation, prescribe to whom the real property to which the trust relates shall belong, in the event of the failure or termination of the trust, and may transfer or devise such property, subject to the execution of the trust.

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