The Law of Wills, Svazek 3

Přední strana obálky
Little, Brown, 1877
 

Obsah

RIGHTS OF THE WIDOW
422
SECTION II
430
SECTION IV
438
The personal representative entitled to interest on necessary advances
440
TESTAMENTARY AND OTHER TRUSTEES
445
A distributee or legatee dying after testator or intestate his share goes
469
When parents allowed for maintenance of children
470
CHAPTER XVII
484
The guardianship of idiots and lunatics mostly in the probate courts
499
SECTION IV
509
The guardian has the same right to recover the property of the ward either
513
EMBRACING ALL TRUSTS GROWING OUT OF THE SET
SECTION II
and n 1 The general rule stated
CHAPTER XX
TRUSTEES FOR SALE
But where the court has no jurisdiction its decrees are void Illustrations
2
Effect of joining where not compelled and of conniving at waste
5
One may be estopped en pais from procuring the revocation of a probate
4
The American cases define no precise rule Monument allowed
9
Mandamus to probate court where it has no discretion to exercise
11
Question in regard to a dictum of Lord Eldon
1
Where the trustee puts the money to his own use he will be subjected
6
The probate establishes the words of the will but not their force and effect 61
7
Bequests to keep tombs in repair and for the care of memorials in churches 593
8
Distribution of assets of partnership and of separate partner deceased
9
Executor having begun to act bound to proceed next of kin not so bound
12
3 Trust cannot be parcelled out but different trustees may perform
3
An executor cannot continue a partnership business except by the clear
10
Administration granted to attorney in fact of him beneficially interested
13
The views of V C Wood upon this question
17
CHAPTER XXXII
4 Lunatic trustee may be removed on notice to committee
4
Where there are no debts those interested may agree upon the distribution
19
Bound to charge himself with his own indebtedness to the estate
25
There is no necessity to supplement a power conferred by the will by
33
The executor not responsible for the misconduct of solicitor
42
coverture 146
44
Paying trust funds from one set of trustees to another Release

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Strana 205 - 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...
Strana 6 - All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Strana 437 - ... exercising reasonable care and diligence, will not be responsible for the failure or depreciation of the fund in which any part of the estate may be invested, or for the insolvency or misconduct of any person who may have possessed it, yet if that line of duty be not strictly pursued, and any part of the property be invested by such personal representative in funds or upon securities not authorized, or be put within the control of persons who ought not to be...
Strana 352 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Strana 6 - We adopt the doctrine of the Court of King's Bench, that the presumption of law relates only to the fact of death, and that the time of death, whenever it is material, must be a subject of distinct proof.
Strana 309 - ... prove that he was ready and willing to perform his part of the contract. But...
Strana 334 - ... the modern doctrine certainly is, that where a man has chosen to take the joint credit of several, though at law his security is wearing out as each of his debtors dies, yet it is fit that the creditor, whose debt remains at law only against the survivors, should resort to the assets of a deceased debtor ; and a court of equity will, under certain modifications, constitute that demand.
Strana 497 - When any person, by excessive drinking, gaming, idleness, or debauchery of any kind, shall so spend, waste, or lessen his estate as to expose himself or his family to want or suffering...
Strana 9 - In an indictment for bigamy, it is incumbent on the prosecution to prove to the satisfaction of the jury that the husband or wife, as the case may be, was alive at the date of the second marriage.