Such a blending of real and personal estate by the testator in his will as to clearly show that he intended to create a fund out of both real and personal estate, and to bequeath the said fund as money. The Atlantic Reporter - Page 2151901Full view - About this book
| Law - 1885 - 550 pages
...positive direction to sell, or (2d) an absolute necessity to sell in order to execute the will, or (3d) such a blending of real and personal estate by the...that he intended to create a fund out of both real aud personal estate, and to bequeath the said fund as money. In each of the two latter caaes an intent... | |
| Law - 1875 - 438 pages
...was not a conversion. A conversion may arise without express words, when the testator clearly intends to create a fund out of both real and personal estate, and bequeath in money alone . Ib. 3. Domicile. — In distributing the testator's estate in New Jersey,... | |
| Law - 1920 - 496 pages
...absolute necessity to sell In order to execute a will, or such a blending of realty and personalty by the testator In his will as to clearly show that...both real and personal estate, and to bequeath the same as money, but a bare power of sale, like a discretionary power, does not work a conversion until... | |
| Law reports, digests, etc - 1897 - 642 pages
...sell; or (2) An absolute necessity to sell in order to execute the will; or, (3) Such a blending of the real and personal estate by the testator in his will...personal estate, and to bequeath the said fund as money. 1. There is here no positive direction in this will to sell. 2. An absolute necessity to sell in order... | |
| Law reports, digests, etc - 1882 - 634 pages
...that although conversion may arise, without express terms where it is clear that the testator meant to create a fund out of both real and personal estate, and bequeath it as money, yet the whole frame of the will, especially the fourth item, indicated no more... | |
| Law - 1894 - 250 pages
...will be implied where there is either an absolute necessity to sell in order to execute the will, or such a blending of real and personal estate by the...create a fund out of both real and personal estate and did bequeath said fund as money. Under this will your auditor finds, that inasmuch as the testator,... | |
| Law - 1919 - 310 pages
...absolute necessity to sell in order to execute the will, or such a blending of realty and personalty, by the testator, in his will, as to clearly show that...both real and personal estate, and to bequeath the same as money. A bare power of sale does not work a conversion until exercised." If, then, this land... | |
| Law reports, digests, etc - 1884 - 628 pages
...positive direction to sell, or, zd, an absolute necessity to sell in order to execute the will, or 3d, such a blending of real and personal estate by the...personal estate, and to bequeath the said fund as money. In each of the two latter cases an intent to convert will be implied. These propositions are settled... | |
| Law - 1885 - 524 pages
...direction to sell, or, second, an absolute necessity to sell in order to execute the will, or third, such a blending of real and personal estate by the...that he intended to create a fund out of both real aud personal estate, and to bequeath the said fund as money. In each of the two latter cases an intent... | |
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