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

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Contents

Of Accounting at Common Law in Courts of Probate 1737
32
CHAPTER IV
36
OF THE INDUCTION TO THE OFFICE OF EXECUTOR
45
Witnesses disqualified by Interest 734
52
Proof of Lost Wills 740
62
FORM EXECUTION AND ATTESTATION OF WILLS PAOE 36 Absolute and Conditional Wills 70
70
Joint and Mutual Wills 72
72
General Rules as to the Form of Wills 80
80
OF THE PROPERTY TO WHICH THE TITLE OF EXECU TORS AND ADMINISTRATORS EXTENDS
84
The Signature
86
Attestation
92
Competency of Attesting Witnesses
103
Power of Court to order Bond 833
105
Wills valid as to Personal but not as to Real Property
110
Joint and Partnership Property 900
111
Nuncupative Wills
115
Statutory Regulations in respect of Nuncupative Wills
117
Wills of Soldiers and Mariners
121
Codicils
122
CHAPTER VI
125
Partial Revocation by Cancelling Obliterating etc
132
Revocation by Subsequent Will
136
Effect of Subsequent upon Prior Wills
138
OF THE PROBATE OF THE WILL
140
Revival of a Prior by the Revocation of a Later Will
142
Revocation by Inconsistent Disposition of the Testamentary Gift
145
Appraisement required before the Sale 1653
147
Report and Confirmation of the Sale 1659
148
Revocation by Marriage
149
Revocation by Marriage and Birth of Issue under English and American Statutes
152
Republication of Wills
163
BOOK SECOND OF GIFTS EXECUTED IN ANTICIPATION OF IMMEDIATE DEATH CHAPTER VII
166
Definitions of the Term
168
Apprehension of Death
171
Delivery of the Thing Given
173
Revocalility of Gifts Mortis Causa
178
Liability of Gifts Mortis Causa to Creditors and Family of the Donor
179
Effect of the Probate 772
180
PART SECOND OF THE DEVOLUTION BY OPERATION OF LAW CHAPTER VIII
183
64a How Affected by CrimeSuccession from Indians
186
Rights of Children
191
The Surviving Husband as Heir
192
The Widow as Heiress
195
The Father as Heir
199
The Mother as Heiress Adopted Children
203
Brothers and Sisters Heirs of the Whole and of the Half Blood
207
Decendants taking by Representation
213
Computation of the Next of Kin
219
Devolution of Ancestral Estates
222
Posthumous Children
224
Illegitimate Children
226
Descent from to or through Aliens
231
Residence as a Qualification to the Office of Executor 780
233
CHAPTER IX
234
OF THE SYSTEM OF PAYING DEBTS OF DECEASED
235
Statutory Provisions Touching the Extent and Mode of the Allow ance
238
Rules governing the Amount of the Allowance
240
To what Extent Liberality should govern the Court
243
Cases illustrative of the Amount of Allowance deemed reasonable
245
The Allowance in Testate Estates
248
The Allowance with respect to the Solvency or Insolvency of the Es tate
250
How affected by Marriage Settlements
253
How affected by Liens or Preferred Debts of the Decedent
256
Chattels Real 902
257
When the Allowance takes Effect
259
The Petition for the Grant of Letters Testamentary or of Adminis
261
Separate Property of the Widow affecting the Allowance
262
LETTERS OF ADMINISTRATION
263
What constitutes a Family
265
Allowance to the Widow alone
267
Allowance to the Children alone
273
Out of what Property to be allowed
275
Notice to Parties entitled to Administer 861
276
Time and Procedure to obtain the Allowance
279
OF THE STATUS OF EXECUTORS AND ADMINISTRATORS AFTER
282
Additional Allowances
284
Fixtures as between Personal Representatives of Life Tenant and Remainderman 917
285
CHAPTER X
287
Separate Property of the Wife 919
296
What Tenement constitutes the Homestead descending
297
The Deed of Conveyance 1668
302
Homestead Rights of the Widow
303
The Homestead as affected by the Widows Dower
308
The Widows Right to sell the Homestead
310
CHAPTER XI
330
Dower under the Statutes of the several States
331
Marriage as a Requisite to Dower
335
Alienage as Barring the Dower Right
339
Misconduct of the Wife as a Bar to her Dower
340
What Property is subject to Dower
344
TITLE OF EXECUTORS AND ADMINISTRATORS TO CHOSES IN ACTION
346
Power of Coexecutors to bind each other by Acta of Administration 1152
347
The Estate or Interest in Property necessary to support Dower in the Widow
348
Inchoate Dower
360
Dower as affected by Acts of the Husband
364
The Wifes Relinquishment of Dower
369
Dower Consummate before Assignment
375
Quarantine of Dower
377
Assignment of Dower
381
AnteNuptial Contracts as affecting Dower
388
Election between Dower and Devise
392
Dower as affected by the Statute of Limitations and by Estoppel
408
Estate by the Curtesy
411
Community Property
415
CHAPTER XII
421
Powers and Liabilities of Surviving Partners
425
Application of the Proceeds 1673
426
Remedies of Partnership Creditors in Equity
431
OF THE PAYMENT OF DEBTS BY EXECUTORS
433
Effect of Dissolution on Partnership Real Estate
434
Distribution of Partnership Effects
437
Jurisdiction of Probate Courts over Partnership Estates
443
364 Priority of Debts at Common Law 1200
446
OF THE INVENTORY AND APPRAISAL
447
History of the Missouri Statute giving Jurisdiction to Probate Courts over Partnership Estates
450
CHAPTER XLII
454
Effect of Giving or Refusing to give Bond
455
CHAPTER XIII
459
Escheat at Common Law
460
Escheats under the Statutes of the several States
462
OF THE REVOCATION OF LETTERS TESTAMENTARY AND OF ADMINISTRATION
464
Nature of the Title by which the State holds Escheats
466
Administration of Escheated Estates
469
TITLE SECOND OF THE INSTRUMENTALITIES EFFECTING THE DEVOLUTION 136 Tribunals and Officers employed by the Law to accomp...
471
OF THE TRIBUNALS CONTROLLING THE ADMINISTRATION
472
Devastavit 1833
477
CHAPTER XLIX
479
CHAPTER XV
480
Nature of the Power to sell Real Estate for the Payment of Debts 1594
486
Index
492
Conclusiveness of the Decree or Order granting Letters 868
495
CHAPTER XVI
513
Gifts for Immoral or Superstitious Purposes 1423
519
What the Accountant may take Credit for 1774
521
Treatment of the Subject 1852
523
Refunding Bonds 1899
528
CHAPTER XVII
548
Administration of the same Succession in different Countries
549
Jurisdiction of Property removed to another Country after Owners Death
555
Legal Status of Foreign Administrators
558
Validity of voluntary Payment to Foreign Administrator
560
Extraterritorial Validity of Title once vested
563
Survival of Actions at Common Law 928
564
Statutory Authority of Foreign Executors and Administrators
567
Property conveyed by Decedent in Fraud of Creditors 951
569
Liabilities of Foreign Administrators
571
Probate Jurisdiction affected by Change of Government
574
Procedure governed by the Law of the Forum 676
576
Payment of Debts and Distribution to NonResidents
578
Real Estate governed by the Lex Rei Siia
583
Provisional Alimony of Widow and Minor Children
585
PART SECOND OF THE OFFICE OF EXECUTORS AND ADMINISTRATORS CHAPTER XVIII
587
Distinction between Executors and Administrators
588
When the Title vests in the Executor and when in the Administrator
589
Relation of the Appointment to the Time of the Testators or Intes tates Death
591
Order of the Application of Funds Liable to the Payment of Debts 1705
593
Title of Executors and Administrators in Auter Droit
594
Power of Alienation
596
Other Methods of Conversion
597
Property in Auter Droit distinguished f rom Property in Jure Proprio
598
CHAPTER XIX
603
Administrators de Bonis nam
604
Administrators of Estates of NonResidents 825
607
Public AdministratorsForeign Consuls
608
OF THE COMMONLAW SYSTEM OF PAYING DEBTS
614
CHAPTER XL
622
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Page 98 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Page 56 - To make a good will, a man must be a free agent. But all influences are not unlawful. Persuasion, appeals to the affections or ties of kindred, to a sentiment of gratitude for past services, or pity for future destitution, or the like, — these are all legitimate, and may be fairly pressed on a testator. On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint...
Page 415 - Upon the death of the husband, one-half of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband...
Page 123 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent...
Page 151 - In all cases, the marriage of the testator, total divorce or the birth of a child to him, subsequent to the making of a will in which no provision is made in contemplation of such an event, shall be a revocation of the will.
Page 150 - And be it further enacted, That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking...
Page 116 - ... habitation or dwelling, or where he or she hath been resident for the space of ten days or more next before the making of such will, except where such person was surprised or taken sick, being from his own home, and died before he returned to the place of his or her dwelling.
Page 37 - ... reason what shall be for his profit, or what for his loss. But if he...
Page 102 - Interest, Gift or Appointment, shall, so far only as concerns such Person attesting the Execution of such Will or Codicil, or any Person claiming under him, be utterly null and void ; and such Person shall be admitted as a Witness to the Execution of such Will or Codicil...
Page 150 - That every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, customary heir, executor, or administrator, or the person entitled as his or her next of kin, under the statute of distributions).

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