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adeemed ademption adminis Allen allowed ante Appeal apply assets authorities bequest bond charged charitable citing claim Code collateral commissions common law condition Conn construed court of equity creditors deceased decedent decree devise devisee discharge doctrine dower effect entitled equity executor or administrator executors and administrators final settlement fund gift held hence holding infra interest intestate Iowa Jones judgment jurisdiction Kenaday land legacy legatee liable lien Mass ment Minn Miss Missouri mortgage N. J. Eq notice order of distribution Oreg paid parties pay debts payment of debts personalty Probate court proceeding provision purchaser real estate realty Redf remainderman residuary rule sell Smith South Carolina specific statute statutory subrogated sufficient supra Tenn testamentary testator's death testator's intention tion trust unless valid vested void widow
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.