A Concise Treatise on the Law of Wills

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Stevens, 1908 - Wills - 1003 pages
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Page 872 - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...
Page 228 - 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.
Page 870 - ... shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband, be utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment, mentioned in such will.
Page 432 - Where any real estate shall be devised to any person without any words of limitation such devise shall be construed to pass the fee simple, or other the whole estate or interest which the Testator had power to dispose of by will in such Real estate unless a contrary intention shall appear by the Will.
Page 708 - die without leaving issue,' or 'have no issue', or any other words which may import either a want or failure of Issue of any person in his lifetime or at the time of his death, or an indefinite failure of his Issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his Issue, unless a contrary intention shall appear...
Page 873 - Estate in quasi entail shall die in the lifetime of the Testator leaving Issue who would be heritable under such entail and any such issue shall be living at the time of the Death of the Testator such Devise 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 30 - Will, and that no such Will shall be affected by the Circumstance that the Signature shall not follow or be immediately after the Foot or End of the Will, or by the Circumstance that a blank Space shall intervene between the concluding Word of the Will and the Signature...
Page 871 - ... 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 [ *900 J other part of the will...
Page 432 - That where any Real Estate (other than or not being a Presentation to a Church) shall be devised to any Trustee or Executor, such Devise shall be construed to pass the Fee Simple or other the whole Estate or Interest which the Testator had Power to dispose of by Will in such Real Estate, unless a definite Term of Years, absolute or determinable, or an Estate of Freehold, shall thereby be given to him expressly or by Implication.
Page 521 - That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in Fee Simple...

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