embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trustees

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Contents

THE PROBATE OF WILLS
1
No one can justify interfereing with the estate except by letters testa
2
The American cases considered
3
Some actions of tort for neglect of duty affecting personal estate will
5
8 and 13 The case of Doe d o Wainewright and others considered
8
Setoffs existing before the decease allowed at law others of equitable
9
Equity will not relieve against forfeitures incurred by alienation 217
11
Illustration of the rule by devise of a reversionary interest
12
The executor can only do necessary acts admitting no delay before
13
The decisions of the courts of last resort in place of domicile fix suc
15
The same general presumption prevails where testator has only
18
Where no creditors beyond the principal administration debtors every
19
SECTION III
26
The degree of certainty required to change the legal intendment as
30
Separate letters of administration not granted to coordinate and joint
42
The extent of the conclusiveness of letters of administration
54
An alien may be executor but he must generally be resident
60
THE RIGHT OF THE EXECUTOR TO CHATTELS REAL
63
The executor of an executor cannot administer in America
66
The husbands right to administer on the wifes estate and to hold
67
Grounds of selection by the probate court among those of equal degree
73
Construction of the bequest in regard to the extent of the word orphan
75
SECTION II
79
The more common remedy in America is by appeal
87
Such administrator has for the time all the powers of a general admin
92
SECTION VIII
100
CHAPTER IV
103
CHAPTER V
113
session of the deceased
122
Chattels real go to the executor and not to the heir
127
SECTION V
135
6
136
Most writers upon the subject treat it with reference to the relations
143
The mode of attaching personalty to the freehold sometimes decides
149
If the wife claims to retain it against the husband she must do it
154
6 and n 13 And actions of contract will survive although no damage
163
If the husband survive the wife he will take her choses in action
179
from time of accruing
181
CHAPTER VII
200
SECTION II
209
Executor cannot purchase himself All profit thus made belongs to
216
Executor c may indorse bills and notes or sell choses in action
219
850
220
This should be so regulated as fairly to meet the public demand
224
trustees for personal services Not allowed there
229
Probate fees and other charges for administration should be kept low
231
5
252
after the decease
262
Where the busband survives he takes bis wifes chattels real as sur
269
He may sue opon contracts express or implied arising after the
272
cases
278
In causes of action accruing to the estate after the decease the personal
290
control
304
SECTION II
452
PROPERTY
467
173
471
777
473
The primary probate jurisdiction is in the place of the domicil of
487
1
515
the burden 877
551
These general words now held to include realty unless the contrary
552
SECTION III
558
175
598
807
616
809
622
So of timber and trees anless separated by contract of sale or reserva
676
Not important whether the title passes or not to the execution of
684
A devise to the person made executor receives the same construction
687
cession to personalty 906
692
Entirely general terms having no special application to real estate will
696
The American cases upon both parts of this chapter presented together 716
701
39
702
But if the charge be upon the land merely it will not have that effect
705
ate an absolute title
720
Discussion of the rule in Shellys Case as applied in America
721
Discussion of the question in two cases in Vermont
722
Statement of the decisions in Connecticut upon this point
723
The rale qualified in Pennsylvania by the courts and in New York by statute
726
The Connecticut courts favor the construction of general devises giv ing a fee
728
Statement of other cases confirming the general rules before stated
729
Other cases illustrating the same question
730
Prefatory words in will may aid the construction of other words but are inoperative in themselves
731
General intent may create an estate in fee without words of limitation
732
But where an aliquot portion of the whole estate is so devised the first derisce takes only a lifeestate
733
Devise of farm or the proceeds of its salc creates a legacy to
735
But the provision may be so expressed as to exclude the widow from
736
Emblements when the estate determines providentially regarded
753
No rule is deducible from the cases
756
CHAPTER XV
766
Gift of the surplus to donee carries any increase or income
768
2
775
3 Residue directed to be accumulated the income will go to
837
Where the accumulation directed is illegal bequest takes effect with
843
Devise to unborn persons valid and may be so framed as to vest
844
CHAPTER XVIII
852
Judge Hares statement of the rule Exceptional cases in America 878
853
If the executor pay debts out of his own money he may reimburse
870
It is not sufficient to shift the burden that the testator might have been
876
estate
879
Nothing allowed trustees in England by way of commissions
880
Personal representative cannot make any bargain affecting the estate
885
CHAPTER XX
896
And it cannot be distributed according to the law of the state where the property is and where the distributees reside
901
In Massachusetts advancements must have been so intended c
902
the father
910
840
911

Common terms and phrases

Popular passages

Page 365 - 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.
Page 335 - 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, and where his words so interpreted are sensible with reference to extrinsic circumstances, it is an inflexible rule of construction that the words of the will shall be interpreted in their strict and primary sense, and in no other, although they may be capable...
Page 724 - When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.
Page 165 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is. such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 775 - Majesty, and her most noble progenitors, as by sundry other well-disposed persons: some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools, and scholars in universities, some for repair of bridges, ports, havens, causeways, churches, seabanks and highways, some for education and preferment of orphans...
Page 896 - Territory, or any personal property or interest therein, transferred by deed, grant, bargain, sale, or gift, made or intended to take effect in possession or enjoyment after the death of the grantor...
Page 881 - ... exercising reasonable care and diligence, will not be responsible for the failure or depreciation of the fund in which any part of the estate may be invested, or for the insolvency or misconduct of any person who may have possessed it, yet if that line of duty be not strictly pursued, and any part of the property be invested by such personal representative in funds or upon securities not authorized, or be put within the control of persons who ought not to be...
Page 165 - ... and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, ami although the death shall have been caused under such circumstances as amount in law to felony.
Page 897 - ... the person or persons entitled to any beneficial interest in such property...
Page 293 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...

Bibliographic information