A Treatise on the Law of Wills: Including Their Execution, Revocation, Etc. ... with Full References to the Latest American and English Decisions, Band 1

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T. H. Flood, 1900 - 1501 Seiten
 

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Inhalt

The origin of the doctrine of election
lxxvi
Direction to sell land for the purpose of paying debtsWhen
lxxviii
963
lxxxiv
The apportionment of annuities
lxxxvi
855
lxxxvii
A case for an election does not arise where the will is invalid
lxxxix
The execution of a power of appointment by will by a general
xc
856
xciii
1246
xcv
The fraudulent and improper and excessive execution of powers 1176
xcviii
The validity and performance of conditions which are attached
cii
The effect of a power of disposal on a vested remainder
civ
969
cvi
The law of perpetuitiesGeneral considerations
cix
1021
cxi
971
cxiii
Abatement of annuities
cxvi
1323
cxviii
1351
cxix
The force and operation of the statute of Elizabeth in the states
cxx
1255
cxxi
Conflict of laws in relation to equitable conversion
cxxiv
733a The period within which the election must be made
cxxv
1361
cxxvii
The charity must be a public
cxxx
1396
cxxxi
The doctrine of election in relation to the claims of creditors
cxxxiii
1204
cxxxviii
The right of election does not inure to heir
cxl
THE TESTAMENTARY POWERTHE FORM AND CLASSIFICA
1
Joint wills and mutual wills defined and distinguished
19
The doctrine of election in its application to dower
20
The origin and early employment of uses
22
Statutes providing that the marriage of the testator shall
25
The conflict of laws as to bequests in lieu of dower
32
Residence and domicile distinguished
38
THE WORD ISSUE AS A TERM OF PURCHASE AND OF LIM
39
Sec Page
42
388888
45
Power to devise contingent estates and reversions
50
CHAPTER IV
56
Sec
68
Future and contingent interest to what extent devisable
70
Power to devise community property
73
Power to devise the homestead
74
The effect of the will on lands acquired after its execution
75
Commonlaw rule
76
The statutes conferring power to dispose of afteracquired landsLanguage showing the intention of the testator under these statutes
77
Operation of a will upon an equity of redemption subsequently acquired by a mortgagee
79
After acquired personal property
81
CHAPTER V
82
Page
83
The validity of gifts to unincorporated communities 85
89
The capacity of corporations to take under a will
90
The capacity of municipal corporations
91
The purposes of the gift must be germane to the purposes of the corporation
93
Testamentary gifts to municipal corporations for schools
97
Devises for parks and public buildings
98
Devises to municipal corporations for library or museum 79 Municipal corporation as a trustee with power to select the ob jects of charitable gift
99
Presumption of an election by the widow from an equality
100
Testamentary gifts to unincorporated societies
102
Devises to attesting witnesses 3 Testamentary gifts to married women
103
Testamentary gifts to persons non sui juris
104
98
105
Requirement of sound and disposing mind
106
The presumption of testamentary capacity and burden of proof 87 The measure of testamentary capacity required by the
111
The ability to carry on ordinary business as a test of capacity
114
The capacity to make contracts and wills compared
115
The characteristics of insanity
116
Delusions defined
119
Eccentricity distinguished from delusion
120
The delusion to destroy capacity must influence the will
125
Mistake and prejudice are not delusions
126
Jealousy and suspicion are not delusions
127
Belief in spiritualism and witchcraft as indicating testamentary incapacity
128
Definition of lucid interval
131
Burden of proving the existence of a lucid interval
135
The burden of proof and the relevancy of evidence to show that the will was made in a lucid interval
137
Expert evidence of insanity
138
The qualifications of the witness as an expert and the weight of his evidence
140
Page 106
141
330
142
133
144
The relevancy of an unnatural and unreasonable disposition by the testator to prove testamentary incapacity
145
The declarations of the testator to show testamentary capacity 107 The suicide of the testator as proof of insanity 108 Testamentary capacity of those ...
150
Inebriety resulting in mania a potu
151
109a Permanent insanity caused by habitual drunkenness 110 Mode of proving that the testator was intoxicated when he made the will or that he was...
155
Proof of epilepsy to disprove testamentary capacity 113 Testamentary capacity of idiots and imbeciles
157
Testamentary capacity of aged personsTheir wills regarded with favor by the
160
Manner of the decay of memory in old age 117 Incapacity arising from extreme old
165
The testamentary capacity of blind persons
166
The consent of the husband when required by statute
173
150
178
155
179
The existence of undue influence at the time of execution
184
Alteration of an existing will as indicating undue influence
190
The relevancy of the physical weakness or illness of the testa
198
The influence of flattery persuasion and importunity
205
Undue influence of a priest or other religious advisor
211
Reexecution defined
215
Wills executed by a mistake
230
What provisions for a child will prevent a revocation
242
The admissibility of parol evidence to rebut the presumption arising from an omission to provide for children in the will 332
243
Revocation by change in the circumstances of the testator
244
Revocation by parol at common
245
The mode of reexecution
246
The revocation of wills by subsequent wills or codicils The Statute of Frauds
247
The strict construction of revocation clauses
248
The revocation clause must show a present intention to revoke
249
The operation of a revocation clause which is void wholly or in part
250
Revocation by an inconsistent disposition of property in a sub sequent will or codicil
251
What constitutes a signing at the end Holographic wills
252
Revocation based upon a mistaken assumption or belief of fact
253
The English doctrine of revocation by an invalid conveyance
254
The revocation of the appointment of an executor
255
The question of revocation in the case of several wills of uncer tain date
256
When the revocation of a codicil may be presumed from the revocation of a will
257
Insertion of a revocation clause by mistake Revocation by ex press words of wills executing powers
258
When the acknowledgment of the signature by the testator
259
Revocatory effect of the destruction of one of several wills exe
261
The testator must possess testamentary capacity to revoke
306
336
318
The placing of the will among waste papers
319
The revocation of a will implied at common law from marriage
325
CHAPTER XLII
334
352
352
354
355
Revocation not implied from the subsequent insanity of the tes tator
358
Whether the adoption of a child by the testator will revoke a will
359
The revocatory effect of lost wills 360
361
909
362
The effect of alterations by strangers and by persons interested 268 Presumptions as to the time when alterations were made 269 The revival of wills ...
365
CHAPTER XI
369
The burden of proof and degree of evidence required
375
99
387
Election of remedies Parties to the action
388
Contracts not to dispute wills
394
The meaning of the word property When real estate will
400
101
402
What may be included in the devise of a messuage
403
Meaning of the word premises
404
Definition and signification of the word house
405
The meaning of the word farm
406
The meaning of homestead
408
Property described as in the occupancy of the testator
409
Definition and disposition of emblements
411
The doctrine of ejusdem generis
413
Personal property construed
414
The operation of the word effects
415
Construction of the words goods and chattels
417
Movables defined
419
Bequests of stocks etc
422
The meaning of the terms household furniture and house
423
hold goods
424
Stock on farm livestock etc
425
Personal property described by a reference to its locality
426
Gift of proceeds
429
The terms legacy and devise distinguished
430
Share part or portion
432
The use of between and among nong
434
CHAPTER XV
436
104
437
The doctrine of lapse as applied to gifts to classes
439
The lapsing of gifts to executors
440
The doctrine of lapse in its application to legacies charged upon land
441
The rule of lapse in the case of gifts to creditors
443
The prevention of the lapsing of a legacy
444
The effect of words of limitation in case of lapseGifts to A and his heirs
445
The rule of lapse upon the failure of gifts upon a double con tingency Substitution of and for or 99
447
The death of a legatee subsequent to the death of the testator
448
The destination and disposition of testamentary gifts which lapse The rule as to land acquired after the execution of the will
449
509
450
The disposition of property comprised in a lapsed residue
451
The construction of a gift over upon the death of a legatee
459
When death without issue means death in the lifetime of
466
Substitutionary gifts where members of the class are dead
479
When words may be supplied on inference from the context
484
The effect of an election by the widow to take under the will 1045
496
Conditions involving the attainment of majority Whether
508
CHAPTER XVIII
511
Conditions forbidding the litigation of the will are not in con
514
The burden of proof to show that the personal property is
518
Power of sale created by direction to pay debts out of land
524
Exoneration from mortgages of land taken in lieu of dower
530
The abatement of annuities
536
Exoneration of personal property specifically bequeathed
538
The effect of statutes abolishing joint tenancy on estates by
544
When a legacy is charged by a devise of land after the payment
547
The status of an adopted child When it inherits as heir
550
CHAPTER XIX
553
When children as a class are to be ascertained in the case of
558
Specific legacies of stock debts and securities
559
Mode of distribution where the devise is to individuals and
564
Legacies of debts and securities are specificAdemption
565
By a devise to children legitimate children only are meant
570
Parol evidence to show character of legacies
572
The right to sue for a legacy
574
725
575
Testamentary provisions for unborn illegitimate children
576
To whom legacies are properly payable
580
Beneficial gifts to executors or trustees by name
582
Whether gift to A and his children is immediate or in
583
Donation mortis causa defined and the origin of the doctrine
584
The right to premiums on securities as between life tenant
586
The word family may mean relations or next of kin 782
590
Nephews and nieces mean primarily those by consanguinity 792
596
From what time a will speaks as respects a devise to the hus
602
An heir takes as a purchaser land devised to him by his ancestor
609
Statutes regulating costs in action to construe wills are to
614
The meaning of the term right heirs
615
569
616
Estates in fee by implication on attainment of majority from
621
What constitutes an indefinite failure of issue
624
Construction of the words next of kin when the statute
627
Erroneous recitals to the effect that property has been devised
630
Presumption that testator means legitimate next of
633
Conditions that a legatee shall pursue a prescribed course
636
Estates upon condition and estates upon limitation distinguished
638
Bequests to executors for their own benefit
642
What shall constitute conditions subsequent
644
Limitations in special fee tail
648
The effect of the ignorance of a legatee as to the existence of
650
Statutory regulations of estates tail in the United States
654
The validity of conditions respecting marriage with consent
656
The meaning which may attach to heirs of the body from
660
What constitutes a sufficient gift over
662
570
665
The rule in Shelleys case in the United States
666
A devise to A for life and then to his issue converted into
673
A devise of land in indefinite language creates a life estate only
679
A direction to the devisee of land to pay debts and legacies
685
Conditions against alienating or charging lands devised in
687
628
688
945
691
572
694
The effect of the annulment of the bankruptcy
695
Gifts to cousinsWhen class is ascertained 805
632
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A Treatise on the Law of Wills: Including Their Execution ..., Band 1
Harry Clay Underhill
Vollansicht - 1900

Häufige Begriffe und Wortgruppen

admitted to probate alien Allen Appeal attesting witness Attorney-General Barb beneficiary bequest Bradf Brown burden of proof choses in action circumstances Clark codicil common law Conn corporation court court of equity Davis death deceased devise dispose disposition domicile evidence Ex'rs execution executor existence fact favor fraud gift heir held husband incapacity insane delusion instrument intention interest invalid Iowa Jackson Johnson Jones jury land legacy legatee lucid interval Mass mental condition mind Misc Moore municipal N. J. Eq N. Y. Supp ness nuncupative party personal property possession presence presumption Prob procured proponent proved question real property reason revocation revoked rule signature signed Smith statute Statute of Frauds statutory subscribing witness sufficient tator Taylor Tenn testamentary capacity testator testator's Thompson tion trust undue influence valid wife words writing

Beliebte Passagen

Seite 76 - 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.‎
Wird in 699 Büchern von 1803 bis 2006 erwähnt
Seite 305 - ... is 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 other part of the will...‎
Wird in 232 Büchern von 1837 bis 2006 erwähnt
Seite 452 - 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.‎
Wird in 455 Büchern von 1830 bis 2006 erwähnt
Seite 225 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.‎
Wird in 170 Büchern von 1870 bis 2007 erwähnt
Seite 250 - ... at, or after, or following, or under, or beside, or opposite to the end of the will, that it shall be apparent on the face of the will, that the testator intended to give effect, by such his signature, to the writing signed as his will...‎
Wird in 236 Büchern von 1829 bis 2006 erwähnt
Seite 206 - 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 under which no valid will can be made.‎
Wird in 62 Büchern von 1846 bis 2006 erwähnt
Seite 305 - That no obliteration, interlineation, or other alteration made in any will after the execution thereof shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as herein-before is required for the execution of the will...‎
Wird in 166 Büchern von 1837 bis 2006 erwähnt
Seite 250 - ... to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper...‎
Wird in 80 Büchern von 1852 bis 2006 erwähnt
Seite 338 - And, moreover, no devise, in writing, of lands, tenements, or hereditaments, nor any clause thereof, shall be revocable, otherwise than by some other will or codicil, in writing, or other writing, declaring the same...‎
Wird in 190 Büchern von 1804 bis 1996 erwähnt
Seite 250 - ... after or under the clause of attestation, either with or without a blank space intervening, or...‎
Wird in 113 Büchern von 1829 bis 2006 erwähnt

Bibliografische Informationen

TitelA Treatise on the Law of Wills: Including Their Execution, Revocation, Etc. ... with Full References to the Latest American and English Decisions, Band 1
A Treatise on the Law of Wills: Including Their Execution, Revocation, Etc. ... with Full References to the Latest American and English Decisions, Harry Clay Underhill
Band 1 von A Treatise on the Law of Wills: Including Their Execution, Revocation, Etc.; Also a Full Discussion of the Rules and Principles of Their Construction, Together with a Consideration of Those Rules of the Law of Real Property and of the Doctrines of Equity which are Most Frequently Applicable to Testamentary Dispositions of Property, with Full References to the Latest American and English Decisions, Harry Clay Underhill
Autor/inHarry Clay Underhill
VerlagT. H. Flood, 1900
Länge1501 Seiten
  
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