A Treatise on Wills, Svazek 3

Thomas Jarman

F.D. Linn, 1881

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NOTE The figures refer to the pages of this edition	1

Direction in respect of one legatees share	11

Distinction between joint tenancy and tenancy in common as to lapse	18

devisee being also executor	24

What words create an estate in fee simple	30

Word estate carries a fee when	31

Rule which makes words of locality inoperative to restrain estate defended	37

Word property equivalent to estate	43

Mere charge on lands does	494

History of the implication doctrine	495

Rule now established Parol evidence inadmissible	496

Relative amount of debts and personalty not to be considered Mere extension of the charge to funeral and testamentary expenses not sufficient	497

Effect of testamentary charges being thrown on real estate Where personalty is expressly subjected to other charges	500

Provision as to the manner in which the charge on the realty is to be borne	501

Effect where the gift is of all the personal estate to person made executor	504

Trust to sell realty and pay debts and bequest of all personalty to person not executor	506

New rule does not apply to interests created de novo	49

THE STATUTE OF WILLS	51

Effect of changing language of limitations by introducing words of direct gift	54

Lands being charged with debts and legacies will not vest the estate in	60

Indefinite power of leasing	66

As to commencement of estate of trustees	72

Effect of stat 1 Vict c 26	78

Whether the creation of contingent remainders is a ground for giving trustees	84

Estate of trustees if not expressly limited to be either freehold or an estate	86

next or first heir male	92

Estate tail general cut down to an estate tail special by implication	98

Rule never infringed	109

Preliminary question of construction	110

Interposition of trustees to preserve contingent remainders	116

Tenant in tail after possibility of issue extinct	122

Indication required that testator did not intend an estate tail	128

To be settled on A and his heirs in strict entail	134

Construction not varied by superadded limitation to heirs general of heirs of	140

In such shares c as F should appoint	146

Devise of estate to heirs of the body share and share alike	152

Devise over in default of issue by the testator following a devise to his wife	161

in manner aforesaid explained by preceding limitations	167

CHAPTER XXXVIII	174

Application of the rule to future devises	178

to A and his children in succession	184

A and if she marries and has a son then to that	190

Whether term eldest son used as nomen collectivum	196

Devise to A and his issue simply gives estate tail	203

Devise to A and his issue as tenants in common but in default of such issue	205

Devise to A for life remainder to issue male and his heirs and if he die over	211

R for life remainder to his issue as tenants in common with devise	217

To be divided amongst several and to their issue after their respective deaths	224

Children take for life when	230

Effect where issue and children have elsewhere been used indifferently	236

Bequest preceded by a bequest to children	245

In regard to real estate	251

Words such issue controlled by subsequent clause showing an estate tail to	254

Issue held to refer to children objects of preceding devise	260

Argument for referential construction weakened by whatever restricts the range	266

Remainder in tail implied in the parent expectant on estate tail of eldest	272

Implication of remainder in tail	278

Conclusions suggested	281

Lord Denmans remarks on doctrine of general and particular intention	287

Remarks on failure of issue clause in the	293

Second where phrase is having no issue	301

Difference where applied to real and personal estate	307

Implicatory grounds of restriction from nature of devise over	313

Property devised over charged with legacies to be paid to the executors c	319

Gifts in fee and for life to A followed by one gift over of both at death of A	326

Where the gift over is to survivors	333

Words importing a failure of issue refer to failure at death except in two cases	340

Whether words having a prior estate tail c apply to personalty	341

Whether express crosslimitation excludes implication	347

As to devises to classes	353

Crossremainders implied from words for want of issue males	359

CHAPTER XLIII	367

Crossexecutory trusts implied among legatees	368

CHAPTER XLIV	374

Whether issue explained to mean issue at the death	380

Effect of real and personal property being included in same gift	386

Such gifts may be made defeasible on a collateral event	392

Ordinary form of trust for annexing chattels to settled realty	394

Priority reserved to specialty creditors now abolished	400

Simple direction that debts be in the first place paid	406

A charge by general introductory words not affected by express charge	412

Distinction where executor is devisee of real estate	416

Whether same words will charge legacies or debts	422

Gift of residue after bequeathing legacies charges lands notwithstanding	429

Whether it authorizes a sale	435

Direction to raise out of rents and profits or by sale or mortgage	441

As to legacies	444

Point as to descended assets	452

Principle of contribution when applied	458

Implied exoneration of a legatee from order of administration directed	465

Devise upon trust to sell and pay mortgages does not make mortgaged lands	471

Not specific legacies	472

Not pecuniary legacies nor other devised lanas As to descended estates exonerating devised estates	473

Heir entitled to exoneration Exoneration doctrine does not extend to estates which came to testator cum onere unless he manifest an intention to adop...	474

Acts not amounting to adoption	475

Case where held that heir had elected to make debt his	476

Charge of debts confined to testators own debts Rule where testator purchases cum onere	477

Covenant with the vendor	478

mortgagee this amounts to adoption of the debt	479

Distinction between purchaser of equity of redemption and heir or devisee	480

Money settled and secured by mortgage held primarily a charge on the land	483

Whether failure of limitations in lifetime of tenant for life affects primary lia bility of land and vice versa	484

Stat 17 and 18 Vict c 113 making mortgage debts primarily chargeable on land	485

Includes copyholds equitable mortgage trust for sale vendors lien general charge of debts What words will exclude the statute 487 Explanatory Stat ...	486

Amending act 40 and 41 Vict c 34	488

How charge apportioned between the different parts of the land charged where real and personal property are mortgaged together	489

To what cases the second proviso in the first act applies	490

What a sufficient indication of a testators intention to exempt the personal estate from its primary liability to debts	491

Addition of another fund does	492

Conclusions from preceding cases Distinction between a residuary bequest and gift of all the personalty	507

Bequest of all the ready money c and personal estate	508

Effect where bequest of exempted personalty lapses where personalty origi	517

without such personal obligation	523

In favor of legatees against the heir	529

Marshaling where one party has several funds and another one only	535

LIMITATIONS TO SURVIVORS	538

where gift over is combined with a collateral event	544

What is a sufficient gift over	550

As to construing survivor as other after an estate tail	556

portion does not carry accruing share unless aided by the context	562

Gift of accrued shares in the same manner as original Shares held to include original and accrued shares consolidated by previous provision	568

At what period class entitled to accruing shares is to be ascertained	569

Effect where qualification is necessary to validity of gift of accruing shares Gift of accrued shares supported by engrafting thereon a qualification ex ...	570

To what period survivorship referable	571

Where the gift is immediate	572

Survivorship referred to death of testator Where gift not immediate	573

Circumstance of there being an express bequest to survivors at the division	575

With benefit of survorship referred to death of testator	576

Survivorship referred to death of testatorreal estate	577

Applicability of the rule to a devise to a class	578

Survivorship referred to period of distribution	579

Subject of gift being the produce of a future sale	580

Survivorship referred to the period of distribution on special grounds	581

As to there being another bequest expressly to survivors at distribution	582

History of the present doctrine	584

Result of the cases as to personalty Distinction in regard to real estate rejected	588

Rule where gift to survivors is contingent Survivorship confined to the death of the tenant for life	590

Executory devise to survivor referred to death of testator	591

Contingent gift to survivors when not restricted to period of distribution Survivorship referred to time when contingency happens though gift restrict...	592

held to refer to the event	593

Distinction between gift over of share of deceased legatee and gift over of whole fund	595

What excludes the sense of survivorship inter	596

Special gift to survivors explanatory of prior general one Survivorship referred to majority in preference to another event	598

death of tenant for life	599

by force of gift over on death of all under age Contrary effect of gift over on death of all before tenant for life	600

Gift to survivors of a class without previous gift to the class several as tenants in common for life and to survivor with gift over after death of survivor	601

Survivorship held to be indefinite Words of severance confined to the inheritance	602

Limitation to survivor disregarded	603

If any die held to mean in the lifetime of the testator	607

Construction of words in case of death influenced by reason assigned	613

Distinction where gift is to a class but ulterior gift still held to operate	621

Gift to personal representatives not substitutional	625

Distinction where children of deceased claim under original gift	632

Issue to take what their parent would have been entitled to if living	638

Distinction where prior gift may be regarded as a mere life interest	644

Contingency restricted by context	651

Word payable occurring in gift over whether it refers to majority or	658

Result of the cases	666

possession	672

Is a gift over on death without actually receiving valid?	678

any issue leaving read having had	685

Gift over in case there be but one child extended by implication to event	691

upon prior gift of failure of executory gift	698

APPENDIX	711

In regard to children	717

Vict cap 26	721

will	722

real estate	725

personal estate	726

Words in the singular number to extend and apply to several persons or things	727

importing the masculine gender to extend and apply to a female	728

Repeal clause	729

General enabling clause All property may be disposed of by will	731

Estates pur autre	738

Contingent interests	739

Rights of entry and property acquired after execution of the will	741

Fees on copyholds	743

Copyhold	746

Estates pur autre	747

Age of testator	748

Married women	751

Execution of wills Will to be in writing	755

signed or acknowledged in the presence of two witnesses at one time who attest	763

Execution of testamentary appointments Wills of soldiers and seamen	773

petty officers seamen and marines	774

Publication of wills Competency of attesting witnesses	775

Gift to attesting witnesses	776

Creditor as attesting witness	781

Executor as attesting witness	782

Revocation by marriage	783

presumption	790

subsequent will or codicil or by destruction of instrument	791

Effect of obliterations and interlineations	793

Revival of revoked will Revocationsubsequent conveyance	796

From what period will speaks	797

Lapsed and void devises	798

General devisecopyholds and leaseholds appointment	799

Fee simple without words of limitation	800

Words importing failure of issue	801

Estate of trustees	802

Words use and trust used indifferently	869

Další vydání - Zobrazit všechny

A Treatise on Wills, Svazek 3
Thomas Jarman
Úplné zobrazení - 1881

Běžně se vyskytující výrazy a sousloví

appear applied appointment assigns attain authority Beav bequeathed bequest body charge child circumstances Code considered construction construed contingent court created daughters death debts decease decided decision default devise died direction distinction divided doctrine dying effect entitled equally estate tail event executed executors express failure of issue followed forever fund gave gift give given ground heirs held implied intention interest issue lands latter leaving legacies legatee lifetime limitation living Lord male mean mortgage nature objects observed paid particular payment Penna period personal estate principle prior purchase question real estate referred regard remainder rents residue respective rule seems share simple sons Stats statute subsequent survivor tenants term testator devised testator's tion took trust twenty-one unless vested whole wife witness words

Oblíbené pasáže

Strana 797 - ... a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be 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, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.

Objevuje se u 313 knih od 1803-2006.

Strana 774 - ... payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, interest, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person, or wife or husband, be utterly null and void...

Objevuje se u 212 knih od 1805-2006.

Strana 798 - ... and shall operate as an execution of such, power, unless a contrary intention shall appear by the will ; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be 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...

Objevuje se u 305 knih od 1803-2006.

Strana 292 - die without leaving issue," or "have no issue," 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...

Objevuje se u 197 knih od 1830-2006.

Strana 801 - ... living at the time of the death of the testator, such devise or 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.

Objevuje se u 218 knih od 1830-2000.

Strana 86 - ... 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.

Objevuje se u 225 knih od 1837-2006.

Strana 799 - ... 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...

Objevuje se u 250 knih od 1830-2006.

Strana 800 - 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.

Objevuje se u 239 knih od 1837-2006.

Strana 793 - ... required for the execution of the will; but the will, with such alteration as part thereof, shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witnesses be made in the margin or on some part of the will...

Objevuje se u 127 knih od 1837-1997.

Strana 794 - 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.

Objevuje se u 223 knih od 1832-2006.

Bibliografické údaje

Název	A Treatise on Wills, Svazek 3 A Treatise on Wills, Joseph Fitz Randolph
Autor	Thomas Jarman
Redaktoři	Joseph Fitz Randolph, William Talcott
Vydání	5
Vydavatel	F.D. Linn, 1881

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