| Charles Fisk Beach - 1888 - 605 sider
...courts, favoring equality, will direct the distribution to bo per capita rather than per stirpes.1 Thus, **"where a gift is to the children of several persons,...children of A and the children of B, they take per** caplta, not per stirpes."'' And the rule is the same when a devise or legacy is given to a person and... | |
| William John Tossell - 1921
...equality, will direct the distribution to be per capita rather than per stirpes. Thus where a devise **is to the children of several persons, whether it be to the children of** Broermann v. Kessllng. A and B, or to children of A and the children of B, they take per capita and... | |
| John Gabriel Woerner - 1899 - 1501 sider
...of stepintention.6 Where a gift is to the children children. £* 899] * of several persons, whether **to the children of A. and B. or to the children of...and the children of B., they take per capita ; " and** so where the gift is to one person and the children of another, as, for instance, to A. and the children... | |
| 1902
...correctly laid down in ^BANKS' J firman OH WiUt(\), that where a gift is to the children of PUBLIC **several persons, whether it be to the children of A and B or** TRI-STEE tQ ^ ^i,],^ of ^ an(j the children of B, they take per EAVES. capita, not per itirpes. Mr.... | |
| Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1905
...(d) 7 BR 127 (8 Ves. 604). The general rule is that, " where a gift is to the children of several r **persons, whether it be to the children of A. and B., or to the** KOYLB. children of A. and the children of B., they take per rapita, not per stirpes: " '2. Jarman on... | |
| Ohio. Courts - 1905
...usually not to individuals named as such, but to "children" or "heirs" or to "A" and the children of **"B" or to the "children of A and the children of B."** Mason v. Baker, 2d Kay & Johnson, 567 ; Osborne 's Appeals, 104 Penna. St., 637 ; Henry v. Thomas,... | |
| California. Supreme Court - 1905
...Willie took per stirpes, or whether their issue took per capita. Jarman states the rule as follows: **""Where a gift is to the children of several persons,...B, or to the children of A and the children of B,** the? take per capita, not per stirpes. But this mode of construction will yield to a very faint glimpse... | |
| 1912
...declared that: "Under a gift to 'children and grandchildren,' or to A. and the children of В.. or **to the children of several persons, whether it be to the children of A. and** В., or to the children of A. and the children of В., or to A. and B. and their children, or to a... | |
| John Edmundson Alexander - 1918 - 2904 sider
...equality, will direct the distribution to be per capita rather than per stirpes.66 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."86 The rule is the same 84 Buel v. Southwick, 70 NY 85 Huntress v. Place, 137 Mass.... | |
| Ohio. Circuit Court - 1918
...equality, will direct the distribution to be per capita rather than per stirpes. Thus where a devise **is to the children of several persons, whether it...the children of B, they take per capita and not per** stirpcs. Beach on Wills, 504, Section 304, and 2 Jarman on Wills (6th Ed., Bigelow), 204 (1050). Where... | |
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