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Bøker Bok 2130 av 30Where a gift is to the children of several persons, whether it be to the children...
" Where a gift is to the children of several persons, whether it be to the children of A and B or to the children of A and the children of B, they take per capita and not per stirpes. "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Side 49
av New Jersey. Court of Chancery - 1884
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Commentaries on the Law of Wills: Embracing Execution ..., Volum 2

John Edmundson Alexander - 1918 - 2904 sider
...equality, will direct the distribution to be per capita rather than per stirpes.*6 Thus, "where a gift is to the children of A and B, or to the children of A and the children of B, they take per capita, not per stirpes. "M The rule is the same 84 Buel v. Southwlck, 70 NY SB Huntress v. Place, 137 Mass....
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Minnesota Probate Law: Probate Courts, Descent and Distribution, Wills ...

Mark Boothby Dunnell - 1922 - 1006 sider
...intention is sufficient.78 Under a gift to "children and grandchildren," or to A, and the children of B, or to the children of several persons, whether it be...B, or to the children of A and the children of B, or to A and B and their children, or to a class and their children, all take per capita, unless a contrary...
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A Treatise on the American Law of Administration (including Wills)

John Gabriel Woerner - 1923 - 2121 sider
...admissible to show contrary intention.6 Where a gift is to the children [* 899] of several persons, whether to the children of A. and B. or to the children of...A. and the children of B., they take per % capita; 7 and so where the gift is to one person and the children of another, as, for instance, to A. and the...
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United States Supreme Court Reports, Volum 48;Volumer 191-194

United States. Supreme Court, Walter Malins Rose - 1904
...28 Am. Dec. 590; Scott's Estate, 163 Pa. 165, 29 Atl. 877. The English rule of construction, that, where a gift is to the children of several persons,...the children of B, they take per capita, and not per ttirpes, — is supported by the weight of American construction. Howard v. Howard, 30 Ala. 391; De...
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Cases Argued and Decided in the Supreme Court of Mississippi ..., Volum 37

Mississippi. Supreme Court, William C. Smedes, Thomas Alexander Marshall, John Franklin Cushman, James Zachariah George - 1860
...capita. In the absence of any intention to the contrary on the face of the will, the rule is, that " where a gift is to the children of several persons,...children of A. and B., or to the children of A. and to the children of B., they take j>er capita, not per stirpes." 2 Jarman on Wills, 111 ; Weld v. Bradley,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 173

Alabama. Supreme Court - 1912
...with their children ; but it cannot be affirmed as a universal proposition. Mr. Jarman states that: "Where a gift is to the children of several persons,...children of B., they take per capita and not per stirpes. The same rule applies where a devise or bequest is made to a person and the children of another person,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 174

Alabama. Supreme Court - 1913
...heirs" ; and the use of the names of their respective mothers is descriptive merely. "Under a gift to the children of several persons, whether it be...B., or to the children of A. and the children of B., or to A. and B. and their children, or to a class and their children, all take per capita in the absence...
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Reports of Cases Argued and Determined in the Courts of Appeals of Ohio, Volum 6

1918
...rather than per stirpes. Thus where a devise is to the children App.] Broermann, Jr., v. Kessling. of several persons, whether it be to the children...children of B, they take per capita and not per stirpes.' Beach on Wills, 504, Section 304, and 2 Jarman on Wills (6 ed., Bigelow), 204, (1050). Where all the...
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American law reports annotated, Volum 16

1922
...notwithstanding such words. A leading authority on this question is doubtless Jarman on Wills, who states : "Where a gift is to the children of several persons,...children of B, they take per capita and not per stirpes; . . . but this mode of construction will yield to a very faint glimpse of a different intention in...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 146

California. Supreme Court - 1906
...Willie took per slirpcs, or whether their issue took per capita. Jarman states the rule as follows: "Where a gift is to the children of several persons,...of A and the children of B, they take per capita, not per stirpes. But this mode of construction will yield to a very faint glimpse of a different intention...
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