A Treatise on the American Law of Administration (including Wills)

John Gabriel Woerner

Little, Brown, 1923 - Počet stran: 2121

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TABLE OF CASES CITED	xliii

CHAPTER	xlviii

PAGE	lxx

1227	lxxxi

Upon what Property Commissions are allowable	xcix

Defences at Common Law against Actions for Debts of the	cxxi

1820	clxii

1824	cxc

CHAPTER X	287

The Wifes Paraphernalia 926	296

What Tenement constitutes the Homestead descending	297

The Deed of Conveyance 1668	302

Homestead Rights of the Widow	303

When Property becomes Assets	304

The Homestead as affected by the Widows Dower	308

The Widows Right to sell the Homestead	310

1827	ccxiii

INTRODUCTION OF THE NATURE OF PROPERTY AND THE PRINCIPLE DETERMINING ITS DEVOLUTION 1233458 6 7 8 9 10 CHAPTER I	1

Tenure and Use of Property its Loss by Nonuser	2

Alienability of Property 4 Operation of the Owners Will after his Death	3

Distinction between Rational and Capricious Will	4

Relation of Property to the Family	5

Lapse of Testamentary Gifts by the Death of the Donee before that	6

Testamentary Disposition of Property 8 Succession of Property at	7

The Law as the Rational Will of the Owner	8

Functions of Executors and Administrators	9

Functions of Courts controlling the Devolution of Property	10

CHAPTER II	13

Substantial Abrogation of the Feudal Tenure by English Statutes 15 The Devolution of Real Property to the Heir or Devisee and of Per sonal Propert...	15

Incongruity of the Rule in America	17

TITLE FIRST OF THE DEVOLUTION OF PROPERTY ON THE DEATH OF ITS OWNER PART FIRST OF THE DEVOLUTION AS DETERMIN...	19

CHAPTER III	20

Limitations upon Testamentary Capacity	21

14	24

Incapacity of Aliens	27

Incapacity of Infants	29

Incapacity of Married Women	31

Incapacity of Criminals 12222 20	35

CHAPTER IV	36

Incapacity of Idiots	39

Incapacity of Lunatics	41

Presumption of Sanity and Lucid Intervals	43

Presumption of Insanity	49

Witnesses disqualified by Interest 734	52

Competency of Witnesses on Questions of Sanity	53

Incapacity from Imbecility	55

Incapacity in Consequence of Force Fraud Mistake or Intimida	56

tion	57

Incapacity arising from Undue Influence	59

Proof of Lost Wills 740	62

Presumption against Legacies to Fiduciary Advisers	63

Presumption as to Seamens Wills 34 Partial Avoidance of Will by Undue Influence	67

Wills of Deaf Dumb and Blind Persons	69

36	70

WHAT CONSTITUTES ASSETS	71

39	75

OF THE INDUCTION TO THE OFFICE OF EXECUTOR	80

42	81

OF THE PROPERTY TO WHICH THE TITLE OF EXECU TORS AND ADMINISTRATORS EXTENDS	84

47	86

54	95

638558	98

Power of Court to order Bond 833	105

CHAPTER XXIV	110

Wills proved in a Foreign Jurisdiction 757	112

Codicils	123

OF THE PROBATE OF THE WILL	140

Revocation of Probate 767	142

OF PROPERTY IN POSSESSION PAGE 275 Joint and Partnership Property 900	146

Appraisement required before the Sale 1653	147

Report and Confirmation of the Sale 1659	148

BOOK SECOND	166

Chattels Real 902	170

Relative Rights of Life Tenants and Remaindermen to Dividends	171

Apprehension of Death	172

Effect of the Probate 772	180

PART SECOND	183

Chattels Animate 907	188

The Surviving Husband as Heir	193

The Father as Heir	201

Brothers and Sisters Heirs of the Whole and of the Half Blood	207

Decendants taking by Representation	217

Production of the Will for Probate 701	218

OF ADVANCEMENTS	219

Devolution of Ancestral Estates	223

Descent from to or through Aliens	233

CHAPTER XXVI	234

OF THE SYSTEM OF PAYING DEBTS OF DECEASED	235

364 Priority of Debts at Common Law 1200	237

The Allowance with respect to the Solvency or Insolvency of the	250

85 How affected by Liens or Preferred Debts of the Decedent	256

When the Allowance takes Effect	259

The Petition for the Grant of Letters Testamentary or of Adminis	261

Separate Property of the Widow affecting the Allowance	262

LETTERS OF ADMINISTRATION	263

What constitutes a Family	265

Allowance to the Widow alone	267

Allowance to the Children alone	273

Out of what Property to be allowed	275

Time and Procedure to obtain the Allowance	279

OF THE STATUS OF EXECUTORS AND ADMINISTRATORS AFTER	282

Additional Allowances	284

Homestead Rights of Minor Children	312

Homestead Rights of Widow and Children as affected by Incum brances	315

Homestead Rights as affected by Inconsistent Disposition of the Estate by the Deceased Owner	318

235 Principles governing the Grant of General Letters of Administration 795	319

The Widows Right to Appointment 800	321

Homestead Rights as affected by Administration	322

Procedure in Probate Courts in setting out Homestead	325

The Rights and Burdens connected with the Enjoyment of the Homestead	328

CHAPTER XI	330

Dower under the Statutes of the several States	331

Marriage as a Requisite to Dower	335

Alienage as Barring the Dower Right	339

Misconduct of the Wife as a Bar to her Dower	340

What Property is subject to Dower	344

TITLE OF EXECUTORS AND ADMINISTRATORS TO CHOSES IN ACTION	346

Power of Coexecutors to bind each other by Acts of Administration 1152	347

The Estate or Interest in Property necessary to support Dower in the Widow	348

Inchoate Dower	360

Dower as affected by Acts of the Husband	364

The Wifes Relinquishment of Dower	369

Dower Consummate before Assignment	375

Quarantine of Dower	377

Assignment of Dower	381

Contrast between Common Law and American System	384

AnteNuptial Contracts as affecting Dower	388

When Claims may be established in Probate Court	391

Election between Dower and Devise	392

414 Ascertaining the Testators Intention	394

Time of establishing Claims with Reference to their Rejection	399

Dower as affected by the Statute of Limitations and by Estoppel	408

Estate by the Curtesy	411

Community Property	415

From what Period the Will speaks in Respect of the Testators	420

CHAPTER XII	421

Powers and Liabilities of Surviving Partners	425

Application of the Proceeds 1673	426

Remedies of Partnership Creditors in Equity	431

Effect of Dissolution on Partnership Real Estate	434

Distribution of Partnership Effects	437

Remainders and Executory Devises and Bequests	439

Jurisdiction of Probate Courts over Partnership Estates	443

Cumulative Repeated and Substituted Legacies	445

History of the Missouri Statute giving Jurisdiction to Probate Courts over Partnership Estates	450

Preference of Creditors over Legatees	451

Effect of Giving or Refusing to give Bond	455

CHAPTER XIII	459

Escheat at Common Law	460

Escheats under the Statutes of the several States	462

Nature of the Title by which the State holds Escheats	466

Notice to Parties entitled to Administer 861	467

570 Res Judicata as a Defence after Final Settlement 1959	468

Administration of Escheated Estates	469

TITLE SECOND OF THE INSTRUMENTALITIES EFFECTING THE DEVOLUTION 136 Tribunals and Officers employed by the Law to accomp...	471

OF THE TRIBUNALS CONTROLLING THE ADMINISTRATION	472

CHAPTER XV	480

Their Powers as Judicial Tribunals	486

How far Probate Courts may correct their Judgments	493

CHAPTER LV	499

Proceeding in Rem and in Personam	500

How Estates are declared Insolvent 1337	506

CHAPTER XVI	513

OF MARSHALLING ASSETS FOR THE PAYMENT OF DEBTS AND LEGACIES 489 Order of the Application of Funds Liable to the Payment of ...	515

What the Accountant may take Credit for 1774	521

Refunding Bonds 1899	528

Compensation to Successive Administrators	531

Accounting for Assets received in Foreign Jurisdiction	537

Right of Appeal given by Statutes	543

Extraterritorial Validity of Title once vested	563

290 Survival of Actions at Common Law 928	564

Property conveyed by Decedent in Fraud of Creditors 951	569

Liabilities of Foreign Administrators	571

Nature of the Decree and its Authentication 864	574

Liability of the Estate at Common Law 1968	577

Payment of Debts and Distribution to NonResidents	578

Effect of Devise of Rents and Profits 1718	579

408 Rights of Creditors holding Collateral Security to Assets of Insol	580

Provisional Alimony of Widow and Minor Children	585

Conclusiveness of the Decree or Order granting Letters 868	587

Other Methods of Conversion	597

CHAPTER XIX	603

Administrators of Estates of NonResidents 825	604

OF THE COMMONLAW SYSTEM OF PAYING DEBTS	614

Administrators pendente Lite	617

CHAPTER XL	622

Autorská práva

Oblíbené pasáže

Strana 100 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.‎

Objevuje se u 147 knih od 1829-1999.

Strana 58 - To make a good will, a man must be a free agent. But all influences are not unlawful. Persuasion, appeals to the affections or ties of kindred, to a sentiment of gratitude for past services, or pity for future destitution, or the like, — these are all legitimate, and may be fairly pressed on a testator. On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint...‎

Objevuje se u 77 knih od 1852-2006.

Strana 417 - Upon the death of the husband, one-half of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband...‎

Objevuje se u 85 knih od 1876-1992.

Strana 125 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent...‎

Objevuje se u 257 knih od 1778-2003.

Strana 153 - In all cases, the marriage of the testator, total divorce or the birth of a child to him, subsequent to the making of a will in which no provision is made in contemplation of such an event, shall be a revocation of the will.‎

Objevuje se u 34 knih od 1851-1979.

Strana 152 - And be it further enacted, 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...‎

Objevuje se u 264 knih od 1837-2007.

Strana 118 - ... habitation or dwelling, or where he or she hath been resident for the space of ten days or more next before the making of such will, except where such person was surprised or taken sick, being from his own home, and died before he returned to the place of his or her dwelling.‎

Objevuje se u 67 knih od 1763-1997.

Strana 39 - ... reason what shall be for his profit, or what for his loss. But if he...‎

Objevuje se u 46 knih od 1822-2006.

Strana 104 - Interest, Gift or Appointment, shall, so far only as concerns such Person attesting the Execution of such Will or Codicil, or any Person claiming under him, be utterly null and void ; and such Person shall be admitted as a Witness to the Execution of such Will or Codicil...‎

Objevuje se u 49 knih od 1805-1994.

Strana 152 - 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).‎

Objevuje se u 208 knih od 1837-2005.

Bibliografické údaje

Název	A Treatise on the American Law of Administration (including Wills) A Treatise on the American Law of Administration – Svazek 1, John Gabriel Woerner Making of modern law
Autor	John Gabriel Woerner
Redaktor	William F. Woerner
Vydání	3
Vydavatel	Little, Brown, 1923
Délka	Počet stran: 2121

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