The Law of Wills ...

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Little, Brown,, 1865
 

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A denizen may hold land acquired after becoming such
4
Alien may take land by devise the same as by purchase until office found
5
The right of a distributee becomes vested at the decease of the intestate in Massachusetts 416 417
6
Bat the assignments for support of widow and family are not vested un til made 417
7
THE EXECUTION OF WILLS
8
The devise and the descent of real estate governed by the lex rei sitae 398
9
Blindness alone no proof of mental incapacity bat imposes duty of watch
12
SECTION II
15
A deed conveying land to uses declared in an existing will is irre
19
SECTION III
21
By virtue of an antenuptial power she may execute a devise in favor of the husband 96
22
vokable
24
Such consent will not apply to subsequently acquired property
25
Where the husband is civiliter mortuus the wife may make her will as a feme sole
26
In New York it is expressly denied constructions which obtain there
27
Married woman may execute valid will in performance of a power
28
her husband
29
Opinion of Chief Justice Tindal upon the question 10 Important distinction whether the devisee is plaintiff or defendant
30
The nltimate fact to be sought is the competency of the testator to do the act
39
The presumption of sanity must have its proper weight in the case
40
and n 21 The strict meaning of onus probandi as defined by Baron Parke 4144
41
There seems to be no reason why thj executor should first give proof of sanity
42
In other states where this is not required the onus probandi is shifted during the trial
43
The subject of the general onus probandi discussed by Mr Justice Thomas
44
But in a later case it is held the burden of proving insanity rests upon the party alleging that fact
45
31
50
32
56
PERSONS OF UNSOUND MIND DEFINITION OF DIFFERENT CLASSES
59
Some illustration of the subject 65
65
188
79
Delusion in the deed to avoid the instrument must appear to have formed
85
Delirium produced by stimulus may incapacitate one during the paroxysm 91
91
Old age should excite our watchfulness but is not presumptive of want
97
Chancellor Kent says the will of an aged man ought to be regarded with
100
Great watchfulness against imposition in such cases proper 106
106
The suggestions of Dr Combe in regard to lucid intervals
112
SECTION XIV
118
Review of the ease of Stewart v Lispenard by Mr Justice Davies
120
One under interdiction presumed incompetent to execute a will 133134
133
The question is placed on the true ground in Maryland that appear
135
34 34
136
The same rule applies in large measure to the subject of insanity
139
35 and n 52 Where the party interested under a will is active in procuring it the court should he watchful
158
CHAPTER V
160
pacity 161
161
There is no presumption of the continuance of this disability
163
CHAPTER VI
164
The general provisions of law in regard to the execution of wills
165
May be in any language Request or direction is a bequest 166
166
The English rule as to personalty before 1838 167
167
The form of a will unimportant any paper treated as testamentary 168169
168
Similar laxity of construction has prevailed in the United States
170
But if made in the form of a will it must be done animo testandi
171
The ecclesiastical courts often admit numerous papers to probate 172 173
172
The form of language in a will not important if amounting to a direction
174
Lord Cranworths rule that it must be intended to control the party ad dressed
175
And a similar disposition manifested in regard to wills
176
SECTION II
183
In the American states this kind of will is now greatly restricted
189
In New York that is required by statute and the proof either internal
202
Sealing a will not equivalent to signing 206
206
A will is not made conditional by assigning an uncertainty as a reason for its execution 176177
207
Review of the cases and the principle of the rule 212
212
The form of the will is not material Capacity purpose and condition
219
The use of a seal dispensed with in most of the states except in the
226
But according to the English cases he cannot adopt a signature written
229
The presumption of the due execution of a will is greatly favored
238
SECTION V
244
sumptions
250
But the papor must be clearly identified by the reference 261262
252
There is more propriety therefore in requiring them to be competent
256
of the will
266
The distinction is between giving a legacy before charged on land
271
These questions have become practically obsolete under the recent Eng
278
An attestation clause still desirable in practice
286
Disposition of all the estate by codicil may not include specific bequests
287
SECTION IV
292
Cases and opinions in different states bearing on the question 299
293
revocation
296
SECTION II
302
Tearing off seal animo revocandi is a revocation although seal
303
Revocations by means of fraudulent imposition upon testator 828 329
304
But where blanks merely are filled it is presumed to have been done
316
Revocation not dependent upon disposition of the estate Effect of
330
Presumption 331332
331
The same rule applies as to the date of mutilations as of alterations
332
English statute 333334
333
The substance of the present English statute adopted in most of the American states
334
To estate contracted for but not conveyed
335
Where the transfer is made nnder compulsory powers
336
The proper limits of the rule discussed 338
338
The legal effect of republication is to make the whole will of that date 370
370
The act of republication depends upon the intent of testator Facts
375
Provisions in regard to the payment of debts will be so construed
378
But many times words in the present tense refer to the time of testators
381
Tevise or bequest to relative if in existence is personal otherwise not 38
385
IS This rule is recognized as existing in Massachusetts by Wilde J
391
Legacy duty Administration Will of personalty 399400
393
The legislature may require all wills thereafter coming in force to con form to a new statute 407408
394
It is competent to prove insanity in any of the blood relations of
404
of personalty
408
Incidents attaching to property by the foreign law of its situs merely local
409
The opinion of Mr Justice Wayne in the matter of the will of Kosciusko
410
What constitutes a will and technical language determined by law of domicil
411
STATUTES PASSED PENDING THE SETTLEMENT OF ESTATES 1 Statutes affecting procedure merely will operate upon estates in course of sett...
412
personal
417
Clearly cannot affect vested rights
418
SECTION IV
419
All the papers constituting the testamentary act to be considered 435
420
ifications 432433
432
The intention must be expressed in the words of the will
433
Words are to have that force which authority gives them unless the contrary is clear
434
SECTION V
437
SECTION VI
443
doubt
449
Irreconcilable repugnancy cured by rejecting the earlier portions 450451
450
Further illustrations of incurable repugnancy 451452
451
From the manner wills are made courts should preserve more important parts
452
No portion of the will is rejected for repugnancy except from necossity
453
Almost any latitude of construction allowed to meet clear intent 465
454
Words omitted may be snpplied by reference to the correlative part of the will 455
455
The name of devisee may be supplied by clear intendment
456
Conflicting decisions stated in reference to similar cases
458
Eord Mansfield in Right v Sidebotham 460
460
Terms of one devise cannot be drawn into the construction of another wholly distinct 461462
461
The correspondence mu st amount to identity 462463
462
Where the defining of the estate is reserved to the end of the clause
463
The clear intent of the testator gathered from the whole will must prevail
464
Recapitulation of the rules dcducible from the cases
465
What appears a lifeestate may bp construed a remainder in fee 466
466
SECTION VIII
467
Words of local description applied to one devise referred to another and vice versa 469
469
Reference to American cases illustrative of the rule
470
SECTION IX
471
gift
484
In bequests to persons or their children or construed and
485
Devises to one or his heirs forever or in tail proper construction
486
Devise to one his heirs or assigns creates a feesimple
487
And construed or to prevent the divesting of a legacy
488
Unmarried designatio persons Still unmarried is never having
490
CHAPTER X
496
Parol evidence admissible to remove latent ambiguities and to rebut
502
ADMISSIBLE TO SHOW FRAUD OR UNDUE INFLUENCE 1 General statement of the rule 509510
507
The nonperformance of such promise is a virtual fraud Its perform ance decreed in equity
508
American rule that proof of condition of subjectmatter receivable in
509
D
510
ance to be overcome
518
A will produced by fraud in favor of innocent parties is void
519
Some degree of influence which may qualify or even produce the will may not be undue
520
An undutiful testament set aside upon slight evidence of extraneous in fluence
521
Mere general influence will not be sufficient
522
The cases conflicting and not always put upon sound principles
525
Bnt where the influence proceeds from an unlawful relation it is unlaw
531
The American cases adhere strictly to the rule excluding parol evidence
569
Bat if it had been given to a person deceased it would not be void under
573
Lord Cheneys case 58 3
583
But a defective description of legatee may be aided by parol
587
The name if applicable to a living person will control description
593
Sir William Grants commentary upon the construction of wills 637638
595
Exposition of the question by the judges in Anstee v Nelms 653
596
Counden v Clerke examined and explained
604
Bequest to one his heirs executors c will lapse if such person
614
The intention of testator cannot be allowed to control the legal import
621
The case of Careless v Careless discussed at length 621 627
627
13
633
to relative terms 658660
658
and note The commentary of Mr Wigram upon this point 660
660
Some American cases referred to upon the question
661
Case illustrating the subject decided by Sir John Leach
662
The intent must bo gathered from words of will but may be construed inonnection with writing referred to in the will
663
The introductory words of will cannot enlarge devise except they are connected with it 664
664
BEQUESTS OR TRUSTS VOID FOR UNCERTAINTY
666
This has been carried so far as to reject one name and substitute another 692 693
667
Where all of a fund is given in unascertained proportions these may
684
No general course of decisions in American courts in regard to uncertainty
695
But where others besides the donee are interested courts will interfere
696
Digest of numerous cases upon this point 703
703
If the trustee has an absolute discretion it will control the title of cestuis
709
CHAPTER XII
721
JPAPTER XIII
731
289
765

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279 페이지 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
13 페이지 - It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein ; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident...
75 페이지 - It is very difficult to define the invisible line that divides perfect and partial insanity ; but it must rest upon circumstances, duly to be weighed and considered both by judge and jury ; lest, on the one side, there be a kind of inhumanity towards the defects of human nature ; or, on the other side, too great an indulgence given to great crimes...
130 페이지 - In the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and to be able to form some rational judgment in relation to them.
274 페이지 - A. be dead at the date of the will or at the death of the testator, the issue of that child cannot take anything.
503 페이지 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which, with reference to these circumstances, they are capable.
196 페이지 - That any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate as he might have done before the making of this act.
280 페이지 - ... on a side or page, or other portion of the paper, or papers, containing the will, whereon no clause, or paragraph, or disposing part of the will shall...

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