A Treatise Upon the Law of Legacies

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J. Butterworth, 1799 - Legacies - 236 pages

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Page 87 - ... transfer and death), and unless the same be made to take effect in possession for the charitable use intended, immediately from the making thereof, and be without any power of revocation, reservation, trust, condition, limitation, clause or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him.
Page 75 - It hath been resolved, that if one gives a legacy charged upon land which yields rents and profits, and there is no time of payment mentioned in the will, the legacy shall carry interest from the testator's death, because the land yields profit from that time.
Page 88 - Westminster, are excepted out of this act: but such exemption was granted with this proviso, that no college shall be at liberty to purchase more advowsons, than are equal in number to one moiety of the fellows or students, upon the respective foundations.
Page 234 - If a legatee alter the nature of his demand, and change it into a debt or duty, as by accepting a bond from the executor for payment of the legacy, it seems that the effect of the transaction will be either to deprive the ecclesiastical court of its jurisdiction, or to give an option to the person entitled, to sue in that or in a temporal court, at his discretion. 2 Roll. R.
Page 87 - Witne/es, twelve Kalendar Months at leaft before the Death of fuch Donor or Grantor, including the Days of the Execution and Death, and be inrolled in...
Page 86 - That from and after the 24th of June, 1736, no manors, lands, tenements, rents, advowsons or other hereditaments, corporeal or incorporeal, whatsoever, nor any sum or sums of money, goods, chattels, stocks in the public funds, securities for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements or hereditaments...
Page 195 - This clause beginning a will, " first, I will and direct that all my legal debts, legacies, and funeral expenses, shall be fully paid," is not sufficient alone to charge legacies on real estates specifically devised ; for which the intent must be clear.
Page 163 - ... greater sum of money than the debt amounts to, without taking any notice at all of the debt, that this shall nevertheless be in satisfaction of the debt, so as that he shall not have both the debt and the legacy...
Page 54 - ... and that is not performed, and the child is still provided for, though not with the greater portion, equity in that case does not relieve.
Page 1 - ... being moved by imminent danger, gives so that the subject is immediately made his, to whom it is given : the third is where a person being in peril of death, gives something, but not so, that it shall presently be his, that received it, but in case the giver dies. The...

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