A Treatise on the American Law of Administration (including Wills)

Front Cover
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

PART SECOND t OF CARRYING WILLS INTO EFFECT CHAPTER XLVIII
1465
Statutory Exceptions in Favor of Representatives of Deceased Legatees
1469
The Doctrine of Lapse as affected by the Contingent or Vested Character of the Devise or Legacy
1473
Devolution of Void and Lapsed Devises and Legacies
1476
Remainders and Executory Devises and Bequests
1482
Devises and Legacies on Condition
1489
Repugnant Conditions
1496
Conditions obnoxious to Public Policy
1500
Conditions in Restraint of Marriage
1506
Classification of Legacies
1510
Cumulative Repeated and Substituted Legacies
1519
Ademption and Satisfaction of Legacies by Act of the Testator
1522
Legacies in Satisfaction of Debts
1525
Ademption of Legacies given as Portions
1529
Admissibility of Parol Evidence on Questions of Ademption
1532
Statutory Provisions affecting Ademption or Satisfaction of Legacies
1534
CHAPTER XLIX
1537
Order in which Legacies abate
1538
Executors Assent to Devises and Legacies
1546
Time for Paying or Delivering Legacies
1551
Time for Paying Legacies fixed by Statutes
1555
Payment of Bequests for Life with Remainder over
1557
Relative Rights of Life Tenants and Remaindermen to Dividends of Stock
1567
Interest on Legacies
1570
Interest when Time of Payment is fixed or affected by the Will
1575
Persons competent to receive Payment of Legacies
1580
The Doctrine of Election
1586
Payment of the Residue
1590
TITLE SEVENTH OF THE APPLICATION OF THE ASSETS FOR THE PAY MENT OF DEBTS AND LEGACIES PART FIRST OF THE LIABILI...
1594
Who may apply for the Order to sell Real Estate
1599
Within what time Application may be made
1604
Notice of the Application to Heirs and Devisees
1611
Who may appear and what may be shown against the Application
1618
What the Petition must show
1623
Proof of the Existence of Debts
1626
Proof of the Insufficiency of the Personalty
1630
What Interest of the Decedent in Lands may be ordered to be sold
1634
Of the Bond and Oath required of Executors and Administrators
1640
The Order License or Decree to Sell
1642
CHAPTER LI
1648
Notice or Advertisement of the Sale
1649
Appraisement required before the Sale
1653
Conducting the Sale
1654
Report and Confirmation of the Sale
1659
Payment of the Purchase Money
1665
The Deed of Conveyance
1668
CHAPTER LII
1673
Purchasers Liability for Encumbrances
1676
Purchasers Liability to Dowress and Homestead Tenants
1680
How Purchasers are affected by the Rule of Caveat Emptor
1683
The Purchasers Rights in Equity
1685
The Purchaser as affected by the Statute of Frauds
1689
Executors and Administrators as Purchasers
1690
Validity of the Sale in Collateral Actions
1699
PART SECOND OF THE RELATIVE LIABILITY OF ASSETS TO CREDI TORS AND LEGATEES
1704
CHAPTER LIII
1705
Charge of Debts on Real Estate
1707
Charge of Legacies on Real Estate
1710
Effect of Devise of Rents and Profits
1718
Exoneration of the Personalty
1720
Exoneration of Mortgaged Property
1723
Marshalling Assets in the Course of Administration
1726
Marshalling Assets among Creditors Legatees Devisees Heirs and Distributees
1728
Statutes affecting the Marshalling of Assets
1731
Conclusiveness of Final Settlements
1753
Setting aside Final Settlements in the Probate Court
1756
Setting aside Final Settlements in Chancery
1758
CHAPTER LV
1761
Inventoried Assets to be charged in the Account
1763
Debts of Executor or Administrator to be charged
1768
Rents and Proceeds of Real Estate chargeable to the Executor or Administrator
1769
CHAPTER LVI
1774
What Counsel Fees will be allowed
1776
What Counsel Fees will not be allowed
1780
Costs including Probate and establishing the Right to administer
1783
Disbursements in Respect of the Real Estate
1789
Payments to Widow and Heirs
1792
Disbursements in Payment of Debts
1796
Payments at Discount or in Depreciated Currency
1800
Credits for Difference between Inventoried and Actual Values
1801
Interest on Advancements by the Executor or Administrator
1803
CHAPTER LVII
1805
Compensation allowed in the Absence of Statutory Provision
1809
Compensation in Cases of Maladministration
1810
Discretion of the Court under the Statutes
1812
Upon what Property Commissions are allowable
1813
Compensation for Extra Services
1818
Compensation of Joint Executors or Administrators Compensa tion by Contract
1820
Compensation to Successive Administrators
1824
Compensation determined by the Testator
1827
Credit for Commissions in the Administration Account
1830
CHAPTER LVIII
1833
Accounting by Coexecutors or Coadministrators
1834
Accounting by Successive Administrators
1836
Accounting for Assets received in Foreign Jurisdiction
1840
Compelling Final Settlement
1842
Falsifications and Surcharges on Final Settlement
1844
Verification and Evidence
1845
Judgment on the Adjudication of the Account
1848
OF APPEALS FROM COURTS OF PROBATE 1542 Treatment of the Subject
1852
Who may Appeal
1853
From what Decisions of Probate Courts Appeals are allowable
1857
How Appeal is taken
1862
Powers of the Probate Court after Appeal
1866
The Question of Supersedeas under the Statutes
1869
Nature of the Trial in the Appellate Court
1877
CHAPTER LX
1879
Advancements in Testate Estates
1881
To whom the Doctrine of Advancements applies
1883
What constitutes an Advancement
1884
Rights of Donees in Respect of Advancements
1888
Computation of the Value of Advancements
1891
How the Existence of Advancements may be shown
1892
Statutory Provisions as to Advancements
1895
CHAPTER LXI
1899
Parties to the Order of DistributionIts Conclusiveness
1903
Nature and Scope of the Decree
1911
562a How far the Decree affects the Proceeds of Realty or the Real Es tate Itself
1917
Rights of Assignees of Distributees
1921
Setoff to Legacies and Distributive Shares
1924
The Law vesting the Rights of Legatees and Distributees
1929
Voluntary Distribution
1936
Partition of Real Estate in Courts of Probate
1942
Enforcing the Order to pay Legacies and Distributive Shares
1950
Enforcement of Distribution under American Statutes
1952
OF THE ESTATE AFTER OFFICIAL ADMINISTRATION
1959
CHAPTER LXIII
1968
Copyright

Other editions - View all

Common terms and phrases

Popular passages

Page 1443 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Page 1439 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Page 1651 - The notice must state a day on or after which the sale will be made, and a place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice...
Page 1395 - ... that the rule which reads a gift to survivors simply as applying to objects living at the death of the testator, is confined to those cases in which there is no other period to which survivorship can be referred; and that where such gift is preceded by a life or other prior interest, it takes effect in favor of those who survive the period of distribution, and of those only.
Page 1441 - ... 1. If such accumulation be directed to commence on the creation of the estate out of which the rents and profits are to arise, it must be made for the benefit of one or more minors then in being, and terminate at or before the expiration of their minority.
Page 1535 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Page 1370 - Interpretation differs from construction in that the former is the art of finding out the true sense of any -form of words ; that is, the sense which their author intended to convey ; and of enabling others to derive from them the same idea which the author intended to convey.
Page 1387 - The rule as applied in all reported cases recognizes this limitation, that when some of the trusts in a will are legal and some illegal, if they are so connected together as to constitute an entire scheme, so that the presumed wishes of the testator would be defeated if one portion was retained and other portions rejected, or if manifest injustice would result from such construction to the beneficiaries, or some of them, then all the trusts must be construed together, and all must be held illegal...
Page 1700 - In making the order of sale, the court are presumed to have adjudged every question necessary to justify such order or decree, viz., the death of the owner; that the petitioners were his administrators ; that the personal estate was insufficient to pay the debts of the deceased ; that the private act of Assembly, as to the manner of sale, was within the constitutional power of the legislature ; and that all the provisions of the law, as to notices which are directory to the administrators, have been...
Page 1374 - ... court of equity will affix to it the character of a trust, and impose corresponding duties upon the party receiving the title, if it be capable of lawful enforcement. No general rule can be stated that will determine when a conveyance will carry with it the whole beneficial interest, and when it will be construed to create a trust; but the intention is to be gathered in each case from the general purpose and scope of the instrument.

Bibliographic information