A Treatise on the Law of Executors and Administrators, Volúmenes1-2

V. & R. Stevens and G. S. Norton, 1856 - 2013 páginas

Dentro del libro

Página xv
... death ( r ) . XXIV . And be it further enacted , That every Will shall A Will shall be construed , with reference to the real estate and personal to speak from estate comprised in it , to speak and take effect as if it had been executed ...

Página 55
... in this respect remains , it should seem , unaltered , notwithstanding that , by the 24th section of the new Statute of Wills ( 1 Vict . c . 26 ) , every Will is to be construed to speak and take effect , as if it had been executed imme- ...

Página 192
... Will shall be construed to speak from the death of the testator , unless a contrary in- tention shall appear by the Will : c . 26 ) ; because a Will of personalty , if it contained pro- spective words sufficiently comprehensive , would ...

Página 194
... been made when re- published : a Will made before the new Act , and re- published afterwards , may pass lands ... executed , or republished , or revived by any codicil , shall for the purposes of this Act be deemed to have been made at ...

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Índice

Contenido

Of the Funeral of Proving the Will	xcix

PART THE FIRST	1

OF THE DUTIES OF AN EXECUTOR WITH RESPECT	8

OF THE MAKING REVOCATION AND REPUBLICATION	11

Of the Form and Manner of Making	58

Of the Attestation of Wills and Codicils of Personal	73

The Form of a Will p	89

Of the Materials with which a Will may be written	96

Of Payment of the Residue p 1310	407

Of the Administration Bond to the Ordi	463

BOOK VI	476

Of the Revocation of Probate and Letters	493

Of the Effect of Revocation of Probate	518

BOOK VII	526

As to the Amount of Duties payable	530

By whom the Duties are payable	536

Of the Revocation of Wills of Personalty	109

Of the Republication of Wills p	178

OF THE APPOINTMENT OF EXECUTORS AND THE ACCEPTANCE	197

by	209

In what ways the Appointment of Exe	217

In what cases the appointed Executor	224

Of the Executors refusal or acceptance	241

BOOK IV	251

In which of the Ecclesiastical Courts	264

Of the Manner of obtaining Probate	287

Of the Making and Probate of the Wills	349

BOOK II	350

Of the grant of general original Adminis	357

Of Special and Limited Administrations	402

OF THE ESTATE OF AN EXECUTOR OR ADMINISTRATOR	555

Of the Quality of the Estate of an Exe	562

BOOK IV	574

OF THE QUANTITY OF THE ESTATE IN POSSESSION OF	576

Of the Interest of the Executor or Admi	592

Of the Estate of an Executor or Adminis	624

Of the Payment of Debts by the Executor	679

OF THE QUANTITY OF THE ESTATE IN ACTION OF AN EXE	699

What suits commenced by the Testator	700

To what Choses in Action the Executor	784

BOOK I	794

Of the Title of an Executor or Adminis	795

and Certiorari p	798

BOOK IV	818

Términos y frases comunes

14th edition according action adminis afterwards alteration amount appear applied appointed assigns attested authority bond chattels circumstances cited codicil common considered creditor death debts deceased decided decision decree defendant devise died directed duty Ecclesiastical Court effect enacted entitled equity evidence executed executor or administrator former further give given granted ground Hagg hands heir held husband interest intestate judge judgment land lease legacy legatee letters of administration limited Lord marriage necessary observed obtained opinion Ordinary paid party pass payment personal estate Phillim possession Prerogative Prerogative Court probate proved question reason received recover rent representative respect revocation revoked Robert rule stat statute sufficient suit taken tenant term testator thereof tion tort trust unless whole wife witnesses

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Página 707 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...

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Página 707 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...

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Página 76 - And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter 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,...

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Página xviii - ... 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.

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Página xiv - 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 as his or her next of kin, under the Statute of Distributions).

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Página 460 - And if it shall hereafter appear, That any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said court, making request to have it allowed and approved accordingly, if the said...

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Página xvii - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail or of a preceding gift, being without any implication arising from...

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Página 308 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.

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Página 460 - CD, deceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of him the said A. B., or into the hands and possession of any other person...

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Página 111 - ... 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.

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Título	A Treatise on the Law of Executors and Administrators, Volúmenes1-2 A Treatise on the Law of Executors and Administrators, Edward Vaughan Williams
Autor	Edward Vaughan Williams
Edición	5
Editor	V. & R. Stevens and G. S. Norton, 1856
Procedencia del original	Universidad de Oxford
Digitalizado	22 Sep. 2006
Largo	2013 páginas

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