A Treatise on the American Law of Administration, Volum 1

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Little, Brown, 1899 - 1501 sider
 

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Innhold

Lapse of Testamentary Gifts by the Death of the Donee before that
5
Functions of Executors and Administrators
8
OP THE DUTIES OF EXECUTORS AND ADMINISTRATORS IN RESPECT
11
OF THE DEVOLUTION OF PROPERTY ON THE DEATH
17
Devastavit 1178
22
OF THE DUTIES OF THE PERSONAL REPRESENTATIVE IN RESPECT OF THE ESTATE
27
CHAPTER IV
30
kS9 Incapacity from Imbecility
43
FORM EXECUTION AND ATTESTATION OP WILLS Btar Page 36 Absolute and Conditional Wills
55
Joint and Mutual Wills
56
General Rules as to the Form of Wills
61
The Signature
66
Competency of Attesting Witnesses
75
Wills valid as to Personal but not as to Real Property
81
Holographic Wills
82
Nuncupative Wills
83
Statutory Regulations in respect of Nuncupative Wills
85
Wills of Soldiers and Mariners
88
Codicils
89
CHAPTER VI
91
Partial Revocation by Cancelling Obliterating etc
96
Revocation by Subsequent Will
99
Effect of Subsequent upon Prior Will
100
Revival of a Prior by the Revocation of a Later Will
102
Revocation by Inconsistent Disposition of the Testamentary Gift
105
Revocation by Marriage
108
Revocation by Marriage and Birth of Issue under English and Ameri
110
can Statutes
111
Republication of Wills
117
BOOK SECOND OF GIFTS EXECUTED IN ANTICIPATION OF IMMEDIATE DEATH CHAPTER VH DONATIONES MORTIS CAUSA 57 Origi...
119
Definitions of the Term
120
By whom to whom and of what a Donatio Mortis Causa may be made
121
Revocability of Gifts Mortis Causa
129
Liability of Gifts Mortis Causa to Creditors and Family of the Donor
130
PART SECOND OP THE DEVOLUTION BY OPERATION OF LAW CHAPTER VIII
134
Nature and Origin of the Roles of Descent and Distribution
137
The Surviving Husband as Heir
139
The Widow as Heiress
141
The Father as Heir
144
The Mother as Heiress Adopted Children
147
Brothers and Sisters Heirs of the Full and of the Half Blood
155
Computation of the Next of Kin
159
Devolution of Ancestral Estates
162
Posthumous Children
164
Illegitimate Children
166
Descent from to or through Aliens
169
CHAPTER IX
171
Statutory Provisions touching the Extent and Mode of the Allowance
173
Rules governing the Amount of the Allowance
175
To what Extent Liberality should govern the Court
177
Cases illustrative of the Amount of Allowance deemed reasonable
178
The Allowance in Testate Estates
181
The Allowance with respect to the Solvency or Insolvency of the Estate
184
How affected by Liens or Preferred Debts of the Decedent
186
When the Allowance takes Effect
189
Separate Property of the Widow affecting the Allowance
190
What constitutes a Family
191
Allowance to the Widow alone
193
Allowance to the Children alone
197
Out of what Property to be allowed
198
Time and Procedure to obtain the Allowance
200
Additional Allowances
204
CHAPTER X
207
What Tenement constitutes the Homestead descending 193
214
Homestead Rights of the Widow 202
218
97 The Homestead as affected by the Widows Dower 205
222
The Widows Right to sell the Homestead 206
223
Homestead Rights of Minor Children 207
225
Homestead Rights of Widow and Children as affected by Incumbrances 209
227
Homestead Rights as affected by Inconsistent Disposition of the Es tate by the Deceased Owner 212
229
Homestead Rights as affected by Administration 213
231
Procedure in Probate Courts in setting out Homestead 215
233
The Rights and Burdens connected with the Enjoyment of the Home
235
stead 216
236
CHAPTER XI
237
Dower under the Statutes of the several States 219
238
Marriage as a Requisite to Dower 222
241
Alienage as Barring the Dower Right 225
245
What Property is subject to Dower 229
248
The Estate or Interest in Property necessary to support Dower in the Widow 231
251
Inchoate Dower 241
261
Dower as affected by Acts of the Husband 244
264
The Wifes Relinquishment of Dower 248
268
Dower Consummate before Assignment 253
273
Quarantine of Dower 255
275
117 Assignment of Dower 258
278
AnteNuptial Contracts as affecting Dower 263
283
Election between Dower and Devise 266
286
Dower as affected by the Statute of Limitations and by Estoppel 273
294
Estate by the Curtesy 275
296
Community Property 277
298
OF EXECUTORS DE SON TOBT Star Page
301
CHAPTER XII
302
Powers and Liabilities of Surviving Partners 283
305
Remedies of Partnership Creditors in Equity 286
308
CHAPTER XIII
326
Compounding with Debtors 683
328
TITLE SECOND
336
PART FIRST OF ACQUIRING POSSESSION OF THE ESTATE CHAPTER XXXII
337
OF THE APPLICATION OF THE ASSETS FOR THE PAY
342
CHAPTER XV
344
American Statutes the only Source of Probate Powers in the States 322
345
Their Dignity as Courts 324
347
Their Powers as Judicial Tribunals 326
348
Conclusiveness of their Judgments in Collateral Proceedings 327
350
How far Probate Courts may correct their Judgments 331
353
Origin of the Common Law System of Paying Debts of Deceased
355
Entering Judgment Nunc pro Tune 333
356
Proceeding in Rem and in Personam 337
359
Method of Procedure in Probate Courts 339
361
CHAPTER XVI
366
Jurisdiction as limited to the Devolution of Property on the Owners Death 344
367
4S9 Order of the Application of Funds Liable to the Payment of Debts 1093
368
Liabilities arising from the Administration 347
370
Adjudication of Claims against the Deceased 348
371
Incidental Powers conferred by necessary Implication 349
372
Power to construe Wills 351
375
Conclusive and Concurrent Jurisdiction Jurisdiction of Federal Courts 355
379
CHAPTER XVII
384
Administration of the same Succession in different Countries 359
388
Legal Status of Foreign Administrators 302
389
Validity of voluntary Payment to Foreign Administrator 364
391
Extraterritorial Validity of Title once vested 366
393
Statutory Authority of Foreign Executors and Administrators 368
396
Liabilities of Foreign Administrators 370
398
Probate Jurisdiction affected by Change of Government 372
400
OF THE COMMON LAW SYSTEM OF PAYING DEBTS
428
TITLE THIRD
438
Definition 413
443
OF THE PRIORITY OF DEMANDS AGAINST THE ESTATES
444
Acts which create the Liability 415
445
Status of the Person and other Circumstances fixing the Liability 416
446
Acts of Intermeddling which do not create the Liability 418
447
Coexistence of Executor or Administrator de Jure and de son Tort 419
449
Nature of the Liability of Executors de son Tort 420
450
Extent of their Liability to Creditors 422
452
Liability to the rightful Executor or Administrator 424
453
Effect of the Appointment of Executor de son Tort upon his previous Tortious Acts 425
454
Validity of the Title acquired by an Alienee from an Executor de son Tort 426
456
CHAPTER XXII
459
Cases holding Administration necessary 431
460
Exceptions permitted in some States 433
463
Residuary Legatees and Widows taking Estates without Administra tion 434
464
Administration in Louisiana 436
468
PART SECOND OF THE INDUCTION TO THE OFFICE OF EXECUTOR AND ADMINISTRATOR CHAPTER XXIII
469
Jurisdiction over the Estates of Deceased NonResidents 440
471
What constitutes Domicil or Residence 442
475
Proof of Death 443
477
738
478
Administration on the Estates of Living Persons 447
480
Reasons for the Invalidity of such Administration 449
481
Cases holding Administration of Estates of Living Persous valid 452
484
Administration on the Estates of Persons civilly dead 462
487
CHAPTER XXIV
488
Validity of Probate in Probate Courts
491
Method of Proof in Common Form
496
217 The Probate in Solemn Form
498
Proof when the Testimony of Subscribing Witnesses cannot be obtained 219 Witnesses disqualified by Interest
501
Proof of the Testators Sanity
503
Proof of Lost Wills
505
Probate of Wills in Part and in Fac Simile
509
Probate of Holographic Wills 224 Proof of Nuncupative Wills
514
Admissibility of Declarations as Evidence in the Probate of Wills
515
Wills proved in a Foreign Jurisdiction
519
Revocation of Probate Contest of Probate
522
Effect of the Probate
529
CHAPTER XXV
532
How the Executor is constituted
533
Residence as a Qualification to the Office of Executor
534
Infancy as a Disqualification
535
Coverture as a Disqualification to the Office of Executrix
536
Mental Incapacity Immorality and other Disqualifications
537
Acceptance or Refusal of the Office of Executor
539
CHAPTER XXVI
544
The Husbands Right to Appointment
546
The Widows Right to Appointment
547
Right of Next of Kin to the Appointment 239 Right of Creditors to Appointment
550
Right of the Public Administrator to the Administration
552
Disqualifications excluding from the Right to Appointment
553
Considerations governing the Discretion
557
Renunciation of the Right to administer
559
Effect of Renunciation or Waiver
561
Administrators cum Testamento annexo
565
Administrators of Estates of NonResidents 247 Administrators de Bonis
566
Administrators with Limited Powers
567
CHAPTER XXVII
569
Bonds of Executors 541
570
Power of Court to order Bond 543
571
Circumstances rendering Bond necessary 543
572
Invalidity of Administration without Bond 545
574
When Additional Bond may be ordered 546
575
Nature of the Liability of Sureties Effect of New Bonds 547
576
Liability of the Estate at Common Law 1261
577
Technical Execution of the Bond 552
582
Amount of the Penalty 555
585
Joint or Separate Bonds 557
588
Approval and Custody of Bonds 559
589
Special Bonds 560
591
OP THE PROCEDURE IN OBTAINING LETTERS AND QUALIFYING FOR THE OFFICE 261 The Petition for the Grant of Letters Testamentary ...
592
tion 561
593
Notice to Parties entitled to Administer 563
594
Nature of the Proceeding 565
596
Oath of Office 567
598
CHAPTER XXIX
599
Jurisdiction to revoke Letters 569
601
Recall of Letters granted without Authority in the Court 570
602
Theory of Removal for Cause 572
603
Causes justifying Revocation of Letters 575
606
What deemed insufficient to justify Revocation 577
608
Nature of the Power to sell Real Estate for the Payment of Debts 1020
610
Who may move for Revocation 580
611
Resignation of Executors and Administrators 582
613
Consequences of the Revocation of Letters 584
615
PART THIRD OF THE PROPERTY TO WHICH THE TITLE OF EXECUTORS AND ADMINISTRATORS EXTENDS
620
CHAPTER XXX
622
Chattels Real 593
624
Mortgages 595
625
Chattels Animate 596
627
Emblements 598
628
Fixtures as between the Heir and the Personal Representative 600
631
Modern Statement of the Rule 602
633
Fixtures as between Personal Representatives of Life Tenant and Remainderman 605
636
Separate Property of the Wife 606
637
287 Antenuptial and Postnuptial Settlements 608
639
The Wifes Savings from Separate Trade Pinmoney Gifts etc 611
641
The Wifes Paraphernalia 613
643
When Property becomes Assets
644
CHAPTER XXXI
645
Reason of the Rule 616
646
American Statutes regulating the Survival of Actions 618
647
Property in Foreign Jurisdiction
648
Actions for Injuries to Property 620
650
Property lost through Administrators Negligence as Assets
651
Actions for Injuries to the Person 622
652
Property in Auter Droit not Assets
655
Actions for Injuries resulting in Death 626
656
Distinction between the Debts of the Decedent and Liabilities con
657
Personal and Real Assets
658
Office and Necessity of the Inventory
660
Property conveyed by Decedent in Fraud of Creditors 630
661
Annuities and Rent Charges 633
664
Apprentices and Servants 633
665
Copyrights and Patents 634
666
Rents 636
667
Apportionment between Life Tenant and Remainderman 637
668
The Wifes Choses in Action 633
670
Duties of Administrators to take Estate into Possession
672
Actions accruing to the Representative officially or individually 643
673
Right of Administrator paramount to the Heir or Legatee
674
Their Duty to prosecute and defend Actions pending by or against the Estate
675
Actions to recover or defend the Estate
677
Summary Proceedings to recover Assets
679

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Side 72 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Side 108 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Side 44 - To make a good will, a man must be a free agent. But all influences are not unlawful. Persuasion, appeals to the affections or ties of kindred, to a sentiment of gratitude for past services, or pity for future destitution, or the like, — these are all legitimate, and may be fairly pressed on a testator. On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint...
Side 190 - Webster, is a collective body of persons who live in one house and under one head or manager; a household, including parents, children and servants, and, as the case may be, lodgers or boarders.
Side 479 - But suppose administration to be granted on the estate of a person not really dead ? The act, all will admit, is totally void. Yet the ordinary must always inquire and decide whether the person whose estate is to be committed to the care of others be dead or in life.
Side 297 - Upon the death of the husband, onehalf of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband...
Side 109 - In all cases, the marriage of the testator, total divorce or the birth of a child to him, subsequent to the making of a will in which no provision is made in contemplation of such an event, shall be a revocation of the will.
Side 243 - Any woman who might lawfully be naturalized under the existing laws, married, or who shall be married, to a citizen of the United States, shall be deemed and taken to be a citizen.
Side 133 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
Side 446 - Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them : thou shalt in any case bring them again unto thy brother.

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