The Law of Executors and AdministratorsSaunders and Benning, 1838 - 568 páginas |
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Página 17
... held to raise an implied revoca- tion , unless there has been a total disposition of the whole estate . In cases of personal property it is always a total dis- position , because by the appointment of an executor , the whole is vested ...
... held to raise an implied revoca- tion , unless there has been a total disposition of the whole estate . In cases of personal property it is always a total dis- position , because by the appointment of an executor , the whole is vested ...
Página 19
... held not revoked even as to the personal estate . " There was in that case an appeal to the Delegates , but it " was not prosecuted . The revocation , however , as to the " personal estate had an effect , which might perhaps have " been ...
... held not revoked even as to the personal estate . " There was in that case an appeal to the Delegates , but it " was not prosecuted . The revocation , however , as to the " personal estate had an effect , which might perhaps have " been ...
Página 20
... held to revoke his will . ( k ) If a single woman make a will , her subsequent marriage shall alone revoke it ; ( 7 ) nor shall it be revived by the death of her husband . ( m ) There are also revocations ( n ) in the nature of ...
... held to revoke his will . ( k ) If a single woman make a will , her subsequent marriage shall alone revoke it ; ( 7 ) nor shall it be revived by the death of her husband . ( m ) There are also revocations ( n ) in the nature of ...
Página 21
... held to defeat the operation of the will ; nor if A. were to devise lands to B. in fee , and afterwards mortgage to him the same lands for a term of years , would the devise be re- voked . ( q ) On the same principle , since the statute ...
... held to defeat the operation of the will ; nor if A. were to devise lands to B. in fee , and afterwards mortgage to him the same lands for a term of years , would the devise be re- voked . ( q ) On the same principle , since the statute ...
Página 22
... held , that the settlement revoked the will , and that the will was republished by the codicil ; that the new uses spring- ( s ) Clarke v . Berkeley , 1 Eq . Ca. Abr . 412. S. C. 2 Vern . 720 . ( t ) Coke v . Bullock , Cro . Jac . 49 ...
... held , that the settlement revoked the will , and that the will was republished by the codicil ; that the new uses spring- ( s ) Clarke v . Berkeley , 1 Eq . Ca. Abr . 412. S. C. 2 Vern . 720 . ( t ) Coke v . Bullock , Cro . Jac . 49 ...
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Términos y frases comunes
action adminis Admon afterwards Ambl annexed appointed assets attested Baron and Feme Blackborough bona notabilia Burn chattels choses in action codicil copyhold court of equity coverture creditor cutor deceased devise diocese duty Earl Eccl ecclesiastical court effects Eliz emblements entitled equity executed executor or administrator executrix feme covert Fonbl granted Harg heir held husband Ibid infant interest intestate judgment land lease legacy letters of administration lifetime Litt Lord marriage minister mortgage officer ordinary paid party payment personal estate Phill Prec probate proved Raym real estate rent residue respect revocation revoked Roll Salk scire facias SECT Sed vide Smith spiritual court stat statute statute of frauds Swinb Term Rep testator's death thereof tion trust Ventr Vern vested Vict Vide supra void Wankford wife
Pasajes populares
Página 548 - ... shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will (x).
Página 543 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Página 545 - ... 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.
Página 541 - ... all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created, or under any disposition thereof by deed or will ; and also to all rights of entry for conditions broken, and other rights of entry...
Página 545 - ... that no will or codicil or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same ; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention...
Página 546 - AND be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Página 546 - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...
Página 544 - That if any person shall attest the execution of any will to whom or to whose wife or husband any beneficial devise, legacy, estate, interest, gift, or appointment, of or affecting any real or personal estate...
Página 544 - And be it further enacted, that every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, customary heir, executor, or administrator, or the person entitled аз his or her next of kin, under the statute of distribution). XIX. And be it further enacted, that no will shall be revoked by any presumption of an...
Página 544 - ... be utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment, mentioned in such will.