 | John E. Alexander - 1918 - 996 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.... | |
 | Randolph Stauffer, Wellington M. Bertolet - 1920 - 238 sider
...case of Gamier vs. Gamier, 2f>5 Pa. 175, the rule from Jarman on Wills, Vol. 2, page 756, is quoted : "Where a gift is to the children of several persons, whether it be the children of A and B, or to the children of A and the children of B, they take per capita and not... | |
 | Mark Boothby Dunnell - 1922 - 1024 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... | |
 | John Gabriel Woerner - 1923 - 784 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... | |
 | California. District Courts of Appeal - 1926 - 970 sider
...1495, as follows: "A devise or bequest to the children of two or more persons, whether expressed as to the children of A and B, or to the children of A and the children of B, or to other relatives of different persons, usually means that such children or relatives shall take... | |
 | United States. Supreme Court - 1904 - 1384 sider
...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... | |
 | Mississippi. Supreme Court - 1860 - 774 sider
...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,... | |
 | 1926 - 994 sider
...1495, as follows: "A devise or bequest to the children of two or more persons, whether expressed as to the children of A and B, or to the children of A and the children of B, or to other relatives of different persons, usually means that such children or relatives shall take... | |
 | 1926 - 956 sider
...1495, as follows: "A devise or bequest to the children of two or more persons, whether expressed as to the children of A and B, or to the children of A and the children of B, or to other relatives of different persons, usually means that such children or relatives shall take... | |
 | Alabama. Supreme Court - 1912 - 808 sider
...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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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. 
