A Treatise on Wills, Svazek 3

F.D. Linn, 1881

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Strana 151
... life , " and at her death to be equally divided among her children , " Williams t . Sneed , 3 Coldw . 533 ; or “ equally di- vided between the lawful heirs of his body , " meaning children , Vaden v . Hance , 1 Head 300 ; nor a devise ...

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NOTE The figures refer to the pages of this edition	1

but not if the gift vests in them at different ages	7

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

real effects equivalent to estate	44

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

CHAPTER XXXIV	50

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

Heirs of the body assumed to mean children	160

Heirs of the body held to mean children	166

Declaration that devise to heirs of the body was intended to be in strict settlemen	172

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 66 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

additional expressions	317

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	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

Distinction where prior gift if contingent	372

Words of distribution c annexed to the limitation to the heirs of the body	379

Bequest to A for life and in default of issue over	385

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

Charge of debts confined to testators own debts	477

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

How charge apportioned between the different parts of the land charged	489

History of the implication doctrine	495

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

Conclusions from preceding cases	507

Bequest of all the ready money c and personal estate	508

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

age of twenty-one annuity appear applied appointment attain twenty-one Beav bequest body charge clause Code construction construed contingent remainders court cross-remainders daugh daughters decease default direction doctrine dying entitled estate tail event executors express expressly failure of issue fee simple feme coverte freehold fund gift heirs and assigns heirs male implied intention interest intestacy issue male lands lawful issue leasehold estates leaving issue legatee lifetime Lord Lord Eldon Lord Langdale Lord Thurlow marriage mortgage paid Penna personal estate personal property personalty prior purchase real and personal real estate referred rents and profits residuary residue rule in Shelley's rule of construction share alike share and share sons Stats statute supra surviving survivor survivorship take effect tenant in tail tenants in common testator devised testator gave testator's testatrix tion took an estate vested wife witness word issue words heirs words of limitation

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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