A Treatise on the Law of Executors and Administrators

Front Cover
Charles C. Soule, 1883 - Executors and administrators - 679 pages
0 Reviews
 

What people are saying - Write a review

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

Contents

The same Subject Conditional Appointment Substitution
49
CHAPTER II
65
By whom the Will should be propounded for Probate
79
Petition and Proceedings for Probate etc Probate in Com mon Form and Probate in Solemn Form
80
6667 Probate of Will in Common Form 8183
81
The Subject continued American Statutes as to NonCon
84
tentious Business
85
Probate of Will in Solemn Form American Practice
87
Contest over Conflicting Testamentary Papers
89
Agreement of Parties in Interest to conform to an Invalid Will
90
Proof of the Will Instrument to be in Writing and signed by the Testator
93
Signing by the Testator Subject continued Publication etc
95
Proof of the Will Subscribing Witnesses
98
Proof of the Will Mode of Attestation by Witnesses
101
Proof of the Will Attestation Clause
103
Proof of the Will Suitable Testamentary Condition on the Part of the Testator
104
Proof of the Will Suitable Testamentary Condition as re spects Legal Capacity
107
Proof of the Will Testimony at the Hearing
108
Revocation or Alteration of Wills Codicils New Wills etc
109
Rule of Escrow not applicable to Wills
112
Probate in Whole or in Part
114
Probate in FacSimile or by Translation
116
Decree of Probate entered Public Custody of the Will
117
Nuncupative Wills
118
CHAPTER III
119
Intestacy Fundamental to the Grant of General Administra tion Death and Domicile or Local Assets
120
Presumption favors Jurisdiction where the Grant is con ferred but the Fundamental Facts must exist
121
Value or Kind of Estate whether Fundamental
122
English Rule in Cases Analogous to those which call for
151
In what Cases Administration may be dispensed with
157
APPOINTMENT OF ADMINISTRATORS NOT ORIGINAL AND GENERAL
160
CHAPTER V
181
Sufficiency of Probate Bonds as to the Security and the Par
193
CHAPTER VI
201
Removal of Executor or Administrator
208
Natural Termination of an Executors or Administrators
214
CHAPTER VII
220
Administration in the last Domicile is the Principal Other
223
CHAPTER VIII
244
The same Subject how such Liability is incurred Statute
255
PART III
264
Personal Assets coming to the Knowledge but not Posses sion of the Representative
275
Personal Assets or not where Decedents Title was Qualified
276
Various Cases where Representative does not hold strictly as Assets
277
Real Estate descends to Heirs not Assets except for Defi ciency
278
Executor or Administrator has no Inherent Authority as to Real Estate
279
Real Estate of Mortgagor or Mortgagee Rule of Assets
280
Rule of Assets as to Lands set off in Execution
281
Legal Character of Property Real or Personal fixed at Owners Death Rule of Equitable Conversion
282
Character of Property at Owners Death Instances Con tract to sell Land Damages Fireinsurance Money etc
283
Gifts Causa Mortis as affecting Question of Assets
284
Assignment Gift or Transfer by the Decedent to be avoided if Fraudulent as against his Creditors
285
Equitable Assets as distinguished from Legal Assets
287
Assets where Property is appointed under a Power
288
Chattels Real as Assets Leases etc
289
Chattels which come by Remainder as Assets
290
Rule of Assets applied to Emblements
291
Rule of Assets applied to Fixtures
293
Legatees Creditors etc have no Right to hold against
341
Right accruing to Personal Representative in his Time
366
CHAPTER III
372
CHAPTER IV
398
Good Faith and Caution requisite from Purchaser Pledgee
407
CHAPTER V
424
CHAPTER VI
460
Survivorship among CoExecutors or CoAdministrators
471
PART V
488
Funeral Charges and their Priority
495
Other Preferred Claims Administration Charges Debts
502
Rules of Priority American Classes enumerated
508
Claims grounded in a Tort Damages etc how ranked
511
Mortgage Debts Rights of Creditors having Security
512
Invalid or Exorbitant Claims Voluntary Transactions
514
Claims of Persons disappointed of a Legacy
515
Commissioners or Auditors to examine Claims
516
Exhaustion of Assets in paying Superior Claims Preferences to be observed Representation of Insolvency
517
ences English Rule
518
The same Subject American Rule
521
Debt due the Representative from the Estate Right to Re tain etc
522
Interest on Claims presented SH 441 Mode of paying off Claims Extinguishment etc
524
Personal Liability of Representative for Debts
525
Recovery of OverPayment from Creditor
526
Payment of Debts and Claims where the Estate proves In solvent
527
CHAPTER II
529
Widows Allowance whether confined to Cases of Distress
530
Maintenance for a Particular Period sometimes specified
531
Decree of Allowance etc how enforced
533
Widows Allowance how barred
534
Widows Allowance Effect of her Death before a Grant
535
LEGACIES THEIR NATURE AND INCIDENTS PAGE 458 This Subject a Branch ofthe Law of Wills
538
Description of the Legatee and who may be such
539
SubjectMatter of Legacies Specific distinguished from General Legacies
540
Whether a Residuary Bequest can be deemed Specific
542
Bequests for Illegal and Immoral Purposes void Supersti tious Uses etc
543
Bequest void for Uncertainty or where Principal or Income is locked up too long
545
Legacies Absolute or Conditional Vested or Contingent
546
Cumulative Legacies Repetition or Substitution of Legacies
547
Satisfaction of Debts or Portions by Legacies
548
Release of Debts by Legacies
549
Ademption of Legacies
550
Construction of Wills and Legacies Bill of Interpleader to remove Doubts etc
551
Construction of Wills Legacies etc
553
Doubtful Points settled by the Agreement of all Parties in Interest
554
CHAPTER IV
556
Executors Bond of Indemnity from Legatees
557
When the Legatees Right vests Rule as to Annuitants Beneficiaries for Life etc
559
Interest and Produce of Specific Legacies
560
Interest on Legacies to Children Widow etc and Other
562
CHAPTER V
573
Distribution where there is no Known Husband Widow
585
CHAPTER II
595
CHAPTER II
626
Remedies by and against Executors and Admin
643
Index
649
Use of Dwelling House Widows Quarantine 537
678

Other editions - View all

Common terms and phrases

Bibliographic information