A Treatise on Wills, Volumen2Little, Brown, 1859 |
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Página v
... Nature of the Rule . Requisites to its Operation ; in Regard to the Estate of Freehold , -in Regard to the Limitation to the Heirs . Questions where one or both of the Limitations relate to several Persons 2. Executory Trusts in Terms ...
... Nature of the Rule . Requisites to its Operation ; in Regard to the Estate of Freehold , -in Regard to the Limitation to the Heirs . Questions where one or both of the Limitations relate to several Persons 2. Executory Trusts in Terms ...
Página 4
... nature of the estate conferred by the ( a ) Ante , 3 . ( b ) 1 Mod . 226 , 237 ; 2 Mod . 207 , 211 . ( c ) 1 Bos . & Pull . 243 . ( d ) Eyre , C. J. , reasoned upon the word " such , " as if it meant such sons before mentioned ; but the ...
... nature of the estate conferred by the ( a ) Ante , 3 . ( b ) 1 Mod . 226 , 237 ; 2 Mod . 207 , 211 . ( c ) 1 Bos . & Pull . 243 . ( d ) Eyre , C. J. , reasoned upon the word " such , " as if it meant such sons before mentioned ; but the ...
Página 8
... nature was elaborately discussed in the recent case of Doe d . Winter v . Perratt , ( d ) where a devise in ( a ) 3 Myl . & Craig . 559 . ( c ) Co. Litt . 25 , b . ( b ) 3 Myl . & Craig . 559 . ( d ) 5 Barn . & Cress . 41 ; S. C. 3 M ...
... nature was elaborately discussed in the recent case of Doe d . Winter v . Perratt , ( d ) where a devise in ( a ) 3 Myl . & Craig . 559 . ( c ) Co. Litt . 25 , b . ( b ) 3 Myl . & Craig . 559 . ( d ) 5 Barn . & Cress . 41 ; S. C. 3 M ...
Página 9
... nature , has gener- ally been to determine whether the testator uses the word " heir " according to its strict and proper acceptation , or in the sense of heir apparent , or in some inaccurate sense . ( a ) In favor of the claim of the ...
... nature , has gener- ally been to determine whether the testator uses the word " heir " according to its strict and proper acceptation , or in the sense of heir apparent , or in some inaccurate sense . ( a ) In favor of the claim of the ...
Página 15
... nature of the property to which it is applied . If the subject of disposition be real estate of the tenure of gavelkind , or borough English , or copyhold lands held of a manor in which a course of descent different from that of the ...
... nature of the property to which it is applied . If the subject of disposition be real estate of the tenure of gavelkind , or borough English , or copyhold lands held of a manor in which a course of descent different from that of the ...
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Términos y frases comunes
age of twenty-one annuity applied appointment attain twenty-one authority bequest body charge child or children clause codicil construed Court cross remainders daugh daughter death debts decease default directed doctrine Durn dying eldest entitled equally estate tail event executors express failure of issue favor fee simple freehold grandchildren heirs male held intention interest issue male lands leasehold estates leaving issue legacies legatees Lord Eldon Lord Langdale Lord Thurlow Lordship marriage moiety mortgage objects observed paid payment period personal estate personalty principle prior devise Pyot question real and personal real estate referred residue respective rule in Shelley's rule of construction seems share and share sons Sumner's surviving survivor survivorship tail male take effect tenant in tail tenants in common testator bequeathed testator devised testator gave testator's testatrix tion took an estate trust vested wife word issue words heirs words of limitation
Pasajes populares
Página 541 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 539 - 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) . XIX.
Página 535 - Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as One Person or Thing...
Página 541 - ... a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall bo construed to include any personal estate, or any personal 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...
Página 542 - Bequest 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.
Página 168 - Devise shall be construed to vest in such Trustee the Fee Simple, or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.
Página 540 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or 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 542 - That where any Real Estate (other than or not being a Presentation to a Church) shall be devised to any Trustee or Executor, such Devise shall be construed to pass the Fee Simple or other the whole Estate or Interest which the Testator had Power to dispose of by Will in such Real Estate, unless a definite Term of Years, absolute or determinable, or an Estate of Freehold, shall thereby be given to him expressly or by Implication.
Página 534 - ... by virtue of an act passed in the twelfth year of the reign of King Charles the Second, intituled An act for taking away the court of wards and liveries and tenures, in capite and by knights service, and purveyance, and for settling a revenue upon his majesty in lieu thereof...
Página 535 - An act how lands, tenements, etc., may be disposed by will or otherwise and concerning wards and primer seisins; and also so much of an act passed in the twenty-ninth year of the reign of King Charles the Second, intituled An act for prevention of frauds and perjuries...