A Treatise on the American Law of Administration, Volum 1

John Gabriel Woerner

Little, Brown, 1899 - 1501 sider

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TABLE OF CASES CITED	xxxv

The Liability of one Coexecutor or Coadministrator for the Acts	xxxvii

CHAPTER	xlviii

CHAPTER	lv

What the Accountant must show	lxxiii

Rents and Proceeds of Real Estate chargeable to the Executor	xcix

OF THE CREDIT SIDE OF THE ACCOUNT	cv

Devastavit	cl

Notice to the Administrator of Claims to be established	397

Liabilities of Foreign Administrators 370	398

Probate Jurisdiction affected by Change of Government 372	400

Procedure governed by the Law of the Forum 374	401

Payment of Debts and Distribution to NonResidents 375	402

How Estates are declared Insolvent	404

Real Estate governed by the Lex Rei Sita 378	406

Provisional Alimony of Widow and Minor Children 379	407

INTRODUCTION	1

Lapse of Testamentary Gifts by the Death of the Donee before that	5

The Law as the Rational Will of the Owner	7

OF THE PAYMENT OF DEBTS BY EXECUTORS	8

OF THE DUTIES OF THE PERSONAL REPRESENTATIVE	9

OF THE DUTIES OF EXECUTORS AND ADMINISTRATORS IN RESPECT	11

OF THE DEVOLUTION OF PROPERTY ON THE DEATH	17

CHAPTER IV	30

FORM EXECUTION AND ATTESTATION OF WILLS Star 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 VII	119

Definitions of the Term	120

By whom to whom and of what a Donatio Mortis Causa may be made	121

Mortgages	123

Revocability of Gifts Mortis Causa	129

PART SECOND OF THE DEVOLUTION BY OPERATION OF LAW CHAPTER VIII	134

Rights of Children	137

The Surviving Husband as Heir	139

The Widow as Heiress	143

The Father as Heir	145

141	146

The Mother as Heiress Adopted Children 70 Brothers and Sisters Heirs of the Full and of the Half Blood 71 Descendants taking by Representation	157

Computation of the Next of	159

Devolution of Ancestral Estates	163

Posthumous Children	164

Illegitimate Children	166

Descent from to or through Aliens	169

CHAPTER IX	171

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	188

Separate Property of the Widow affecting the Allowance	190

What constitutes a Family	191

Allowance to the Widow alone	195

Allowance to the Children alone	197

Out of what Property to be allowed	199

Time and Procedure to obtain the Allowance	200

Additional Allowances	205

EXEMPTION OF THE HOMESTEAD	207

198	225

175	230

Homestead Rights as affected by Administration	231

CHAPTER XI	237

Inchoate Dower	262

The Wifes Relinquishment of Dower	269

275 Joint and Partnership Property	275

Quarantine of Dower	277

AnteNuptial Contracts as affecting Dower	285

177	286

Dower as affected by the Statute of Limitations and by Estoppel 273	294

CHAPTER XII	302

304 When Property becomes Assets	304

178	305

Effect of Dissolution on Partnership Real Estate 288	311

180	312

Within what Time the Inventory must be filed	316

Summary Proceedings to recover Assets	325

CHAPTER XIII	326

Duties in Relation to the Contracts and Trade of the Deceased	328

182	334

TITLE SECOND	336

PART FIRST	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

185	346

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

Entering Judgment Nunc pro Tunc 333	356

Proceeding in Rem and in Personam 337	359

Method of Procedure in Probate Courts 339	361

Priority of Debts at Common	364

CHAPTER XVI	366

Jurisdiction as limited to the Devolution of Property on the Owners Death 344	367

Liabilities arising from the Administration 347	370

Adjudication of Claims against the Deceased 348	371

Incidental Powers conferred by necessary Implication 349 154 Incidental Powers conferred by necessary Implication 155 Power to construe Wills 351	375

186	380

CHAPTER XVII	384

Authority of Representatives limited to the State granting it + 358	388

Legal Status of Foreign Administrators 362	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

CHAPTER XVIII	408

b xvii	410

Nature and Effect of the Allowance or Judgment establishing Claims 862	411

CHAPTER XIX	421

OF THE PRIVITY AMONG EXECUTORS OR ADMINISTRATORS	424

OF THE COMMON LAW SYSTEM OF PAYING DEBTS	428

TITLE THIRD	438

188	442

CHAPTER XXI	443

191	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

Proof of the Insufficiency of the Personalty	470

Jurisdiction over the Estates of Deceased NonResidents 440	471

What constitutes Domicil or Residence 442	475

Proof of Death 443	477

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 Persons valid 452	483

Conclusiveness of Judgments 455	484

Administration on the Estates of Persons civilly dead 462	487

CHAPTER XXIV	488

Production of the Will for Probate 464	489

Validity of Probate in Probate Courts 467	491

Method of Proof in Common Form 470	496

The Probate in Solemn Form 472	498

Proof when the Testimony of Subscribing Witnesses cannot be obtained 474	501

Proof of the Testators Sanity 478	503

Proof of Lost Wills 480	505

Probate of Wills in Part and in Fac Simile 484	509

Probate of Holographic Wills 487	513

Proof of Nuncupative Wills 489	514

Admissibility of Declarations as Evidence in the Probate of Wills 489	515

Wills proved in a Foreign Jurisdiction 491	517

Payments at Discount or in Depreciated Currency	521

Revocation of Probate Contest of Probate 496	522

CHAPTER LIV	524

Discretion of the Court under the Statutes	527

Effect of the Probate 501	529

CHAPTER XXV	532

How the Executor is constituted 503	533

Residence as a Qualification to the Office of Executor 505	534

Infancy as a Disqualification 506	535

Coverture as a Disqualification to the Office of Executrix 506	536

Mental Incapacity Immorality and other Disqualifications 507	537

Acceptance or Refusal of the Office of Executor 510	539

Treatment of the Subject	542

CHAPTER XXVI	544

The Husbands Right to Appointment 517	546

The Widows Right to Appointment 519	547

Right of Next of Kin to the Appointment 521	550

Duty of Probate Courts to order Distribution	551

Right of the Public Administrator to the Administration 523	552

Disqualifications excluding from the Right to Appointment 524	553

Computation of the Value of Advancements	557

CHAPTER XXVII	569

Bonds of Executors 541	570

Power of Court to order Bond 543	571

Considerations governing the Discretion 527	591

Renunciation of the Right to administer 530	591

Effect of Renunciation or Waiver 532	591

Administrators cum Testamento annexo 534	591

Administrators of Estates of NonResidents 536	591

Administrators de Bonis non 537	591

Circumstances rendering Bond necessary 543	572

Invalidity of Administration without Bond 545	573

When Additional Bond may be ordered 546	573

Nature of the Liability of Sureties Effect of New Bonds 547	573

Technical Execution of the Bond 552	573

Amount of the Penalty 555	573

Joint or Separate Bonds 557	573

Approval and Custody of Bonds 559	573

Special Bonds 560	573

CHAPTER XXVIII	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

Remainderman	605

Causes justifying Revocation of Letters 575	606

What deemed insufficient to justify Revocation 577	608

Who may move for Revocation 580	611

Resignation of Executors and Administrators 582	613

Consequences of the Revocation of Letters 584	615

PART THIRD	620

Chattels Vegetable	627

Modern Statement of the Rule	635

The Wifes Savings from Separate Trade Pinmoney Gifts	641

CHAPTER XLVII	644

American Statutes regulating the Survival of Actions	647

Actions for Injuries resulting in Death	657

Annuities and Rent Charges	664

The Wifes Choses in Action	671

Populære avsnitt

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.‎

Vises i 147 bøker fra 1829-1999

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.‎

Vises i 464 bøker fra 1819-2007

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...‎

Vises i 77 bøker fra 1852-2006

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.‎

Vises i 104 bøker fra 1854-2006

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.‎

Vises i 36 bøker fra 1835-1966

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...‎

Vises i 85 bøker fra 1876-1992

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.‎

Vises i 34 bøker fra 1851-1979

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.‎

Vises i 132 bøker fra 1847-2004

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.‎

Vises i 157 bøker fra 1870-2007

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.‎

Vises i 205 bøker fra 1802-2007

Bibliografisk informasjon

Tittel	A Treatise on the American Law of Administration, Volum 1 A Treatise on the American Law of Administration, John Gabriel Woerner
Forfatter	John Gabriel Woerner
Utgave	2
Utgiver	Little, Brown, 1899
Lengde	1501 sider

Eksporter sitat	BiBTeX EndNote RefMan

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A Treatise on the American Law of Administration, Volum 1

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