A Treatise on the American Law of Administration, Volum 2

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Little, Brown, 1899 - 1501 sider
 

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Innhold

Personal and Real Assets 658
695
OF THE INVENTORY AND APPRAISAL 315 Office and Necessity of the Inventory 660
697
Within what Time the Inventory must be filed 661
698
What Property must be inventoried 664
701
Details of the Inventory 667
704
Indication of the Value of Assets 668
705
CHAPTER XXXIV
709
Right of Administrator paramount to the Heir or Legatee 674
711
Their Duty to prosecute and defend Actions pending by or against the Estate 675
712
Actions to recover or defend the Estate 677
715
Summary Proceedings to recover Assets 679
718
PART SECOND OF THE MANAGEMENT OF THE ESTATE CHAPTER XXXV
724
Arbitration 685
727
Duties in Relation to the Contracts and Trade of the Deceased
729
Preserving the Property Taxes on Personalty 690
738
Sale of Perishable Property 691a
746
Transfer of Property by the Executor or Administrator 692
747
Method and Notice of Sale 695
751
Terms and Method of Payment 697
753
Purchase of Personalty by the Executor or Administrator himself 700
755
Record and Report of the Sale 703
759
CHAPTER XXXVI
768
Interest of the Executor or Administrator in Real Estate 715
773
Power over Real Estate conferred by Will 716
774
0 Power given in a Will not following the Office of the Executor 719
777
Statutes regulating the Power over Real Estate conferred by Will 721
780
Constructive or Equitable Conversion 726
785
Powers vested in Devisee of a Life Estate 728
788
Duties and Liabilities arising to Executors and Administrators in Respect of Real Estate 730
790
Power to mortgage the Real Estate 731
791
OF THE PRIVITY AMONG EXECUTORS OR ADMINISTRATORS
793
OF THE SYSTEM OP PAYING DEBTS OF DECEASED PERSONS
806
TITLE FIFTH
815
OF THE PAYMENT OF LIABILITIES ARISING AFTER THE DEATH OF THE DECEDENT _ Star Page 357 Funeral Expenses allowable as Incide...
821
What constitutes Funeral Expenses 760
823
Extent of Allowance for Funeral Expenses out of Insolvent Estates 763
826
Expenses of Last Illness when preferred to Debts 765
827
Expenses necessary in the Administration of the Estate 766
828
Provisional Alimony for the Surviving Family 767
829
CHAPTER XXXIX
831
Expenses of Funeral and Last Illness as Debts 770
832
Debts to the Government of the United States 771
833
Debts to the State and State Corporations 772
834
Debts owing in a Fiduciary Capacity 773
836
Judgments against the Decedent in his Lifetime 774
837
Recognizances Mortgages and Obligations of Record 778
842
Wages 779
843
Simple Contract Debts 780
844
PART SECOND OF THE COMMON LAW SYSTEM OF PAYING DEBTS OF DECEASED PERSONS 375 Payment of Debts according to their Pri...
846
CHAPTER XL
848
Right of Retainer at Common Law
849
Application of the Doctrine of Retainer to the several Classes of Ad ministrators 787
850
Consequence of Paying Legatee before Notice of Debt 789
852
Defences against Actions for Debts of the Deceased 791
853
Effect of Admissions and Promises by Executors or Administrators 794
858
Enforcing Judgments de Bonis Teatatoris at Common Law 796
862
Contrast between Common Law and American System 800
864
OF ESTABLISHING CLAIMS AGAINST THE ESTATES OP DECEASED
879
From what Period the Will speaks in Respect of the Testators lu teution
888
CHAPTER XLV
941
TITLE SIXTH
948
Extrinsic Evidence in Aid of Construction 891
972
Testamentary Donees as Classes 895
977
Classes designated by Technical Terms 899
982
CHAPTER XLVII
991
Gifts prohibited by the Statute of Mortmain 909
994
Corporations as Testamentary Donees 911
996
Rule against Perpetuities 914
1000
42S Accumulation of the Income 917
1003
Gifts to Charitable Uses 919
1005
What constitutes a Charitable Gift in the Legal Sense 925
1012
Validity of the English Statute of Charitable Uses in America 928
1015
The Doctrine of Cy Pres 929
1017
Gifts of Benevolence or Private Charity 932
1019
OF CARRYING WILLS INTO EFFECT CHAFrER XLVIII
1022
Statutory Exceptions in Favor of Representatives of Deceased
1024
Legatees 938
1025
The Doctrine of Lapse as affected by the Contingent or Vested Char acter of the Devise or Legacy 941
1028
437 Devolution of Void and Lapsed Devises and Legacies 943
1030
The Devolution of Void and Lapsed Devises and Legacies as affected by Statutes 945
1032
Remainders and Executory Devises and Bequests 947
1034
Devises and Legacies on Condition 951
1039
Repugnant Conditions 954
1043
Conditions obnoxious to Public Policy 957
1045
Conditions in Restraint of Marriage 960
1049
Classification of Legacies 964
1052
Cumulative Repeated and Substituted Legacies 969
1057
Ademption and Satisfaction of Legacies by Act of the Testator 972
1060
447 Legacies in Satisfaction of Debts 974
1062
Ademption of Legacies given as Portions 977
1065
457 Relative Rights of Life Tenants and Remaindermen to Dividends of Stock 1003
1092
Interest on Legacies 1005
1095
Interest when Time of Payment is fixed by the Will 1008
1098
Persons competent to receive Payment of Legacies 1011
1101
The Doctrine of Election 1015
1105
Payment of the Residue 1017
1108
PART FIRST OP THE LIABILITY OF REAL ESTATE FOR THE DEBTS OF DECEASED PERSONS CHAPTER L
1111
Nature of the Power to sell Real Estate for the Payment of Debts 1020
1114
Within what time Application may be made 1024
1117
Notice of the Application to Heirs and Devisees 1029
1123
J 467 Who may appear and what may be shown against the Application 1031
1126
CHAPTER LI
1147
CHAPTER LII
1166
PART SECOND
1190
Effect of Devise of Rents and Profits 1100
1199
Exoneration of the Personalty 1103
1202
Exoneration of Mortgaged Property 1105
1204
Marshalling Assets in the Course of Administration 1106
1206
Marshalling Assets among Creditors Legatees Devisees Heirs and Distributees 1109
1207
Statutes affecting the Marshalling of Assets 1111
1210
TITLE EIGHTH OF ACCOUNTING AND SETTLEMENTS BY EXECUTORS AND ADMINISTRATORS CHAPTER LIV
1215
Accounting in Common Law Courts 1116
1216
Accounting in Equity 1117
1217
Statutes requiring Periodical Accounting 1118
1218
Rendering the Account and Passing upon it 1120
1220
Exclusive and Concurrent Jurisdiction over Administration Accounts 1122
1221
Conclusiveness of Partial Settlements 1123
1224
Nature of Final Settlements 1126
1226
Conclusiveness of Final Settlements 1128
1228
Setting aside Final Settlements in the Probate Court 1130
1231
CHAPTER LV
1235
Inventoried Assets to be charged in the Account 1136
1236
What Interest Administrators are chargeable with 1136
1237
Debts of Executor or Administrator to be charged 1139
1241
Rents and Proceeds of Real Estate chargeable to the Executor or Administrator 1141
1242
CHAPTER LVI
1246
What Counsel Fees will be allowed 1145
1247
What Counsel Fees will not be allowed 1147
1250
517 Costs including Probate and establishing the Right to administer 1149
1252
Disbursements in Respect of the Real Estate 1151
1256
Payments to Widow and Heirs 1152
1258
Disbursements in Payment of Debts 1154
1260
Payments at Discount or in Depreciated Currency 1157
1263
Credits for Difference between Inventoried and Actual Values 1158
1264
Interest on Advancements by the Executor or Administrator 1159
1265
CHAPTER LVII
1267
Compensation allowed in the Absence of Statutory Provision 1163
1271
Discretion of the Court under the Statutes 1164
1272
Upon what Property Commissions are allowable 1166
1273
Compensation for Extra Services 1168
1276
Compensation of Joint Executors or Administrators 1170
1278
Compensation to Successive Administrators 1172
1280
Compensation determined by the Testator 1174
1282
Credit for Commissions in the Administration Account 1176
1284
CHAPTER LVIII
1286
Accounting by Coexecutors or Coadministrators 1179
1287
Accounting by Successive Administrators 1181
1289
Accounting for Assets received in Foreign Jurisdiction 1183
1291
Compelling Pinal Settlement 1185
1292
Falsifications and Surcharges on Pinal Settlement 1186
1295
Judgment on the Adjudication of the Account 1189
1297
CHAPTER LIX
1300
Who may Appeal 1193
1301
From what Decisions of Probate Courts Appeals are allowable 1196
1304
How Appeal is taken 1199
1307
Powers of the Probate Court after Appeal 1202
1311
54S The Question of Supersedeas under the Statutes 1204
1313
Nature of the Trial in the Appellate Court 1206
1314
Nature of the Trial de Novo 1208
1316
TITLE NINTH OF THE CLOSE OF THE ADMINISTRATION PART FIRST OP DISTRIBUTION TO LEGATEES AND NEXT OF KIN Btar Pago ...
1319
CHAPTER LX
1321
Advancements in Testate Estates 1215
1323
To whom the Doctrine of Advancements applies 1216
1324
What constitutes an Advancement 1217
1325
Rights of Donees in Respect of Advancements 1219
1328
557 Computation of the Value of Advancements 1221
1330
How the Existence of Advancements may be shown 1222
1331
Statutory Provisions as to Advancements 1224
1333
CHAPTER LXI
1337
Parties to the Order of Distribution 1229
1340
Nature and Scope of the Decree 1231
1342
Rights of Assignees of Distributees 1235
1347
Setoff to Legacies and Distributive Shares 1236
1348
The Law vesting the Rights of Legatees and Distributees 1238
1352
Voluntary Distribution 1241
1356
Partition of Real Estate in Courts of Probate 1243
1358
Enforcing the Order to pay Legacies and Distributive Shares 1246
1364
Enforcement of Distribution under American Statutes 1248
1366
CHAPTER
1372

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Side 1005 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their...
Side 1013 - Queen's most excellent majesty, and her most noble progenitors, as by sundry other well disposed persons : some for relief of aged, impotent, and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools, and scholars in universities : some for repair of bridges, ports, havens, causeways, churches, seabanks and highways; some for education and preferment of orphans...
Side 833 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Side 1002 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Side 1232 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Side 971 - 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 786 - Such a blending of real and personal estate by the testator in his will as to clearly show that he intended to create a fund out of both real and personal estate, and to bequeath the said fund as money.
Side 1070 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Side 1004 - ... 1. If such accumulation be directed to commence on the creation of the estate out of which the rents and profits are to arise, it must be made for the benefit of one or more minors then in being, and terminate at or before the expiration of their minority.
Side 951 - Interpretation differs from construction in that the former is the art of finding out the true sense of any -form of words ; that is, the sense which their author intended to convey ; and of enabling others to derive from them the same idea which the author intended to convey.

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