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A Treatise on the Law of Executors and Administrators
Joseph Fitz Randolph,Edward Vaughan Williams,William Talcott
No preview available - 2015
adminis afterwards alteration appear appointed attesting witnesses Barb Bradf cancelled circumstances cited clause codicil Conn court of probate creditor Curt Cush death debts deceased declarations devise dispose disposition domiciled duly executed ecclesiastical court ecutor effect enacted entitled evidence executor executrix feme covert Godolph granted Green Ch Hagg held husband insanity instrument intention intestate Jenner Fust Jones Jones Law jury legacy legatee letters of administration letters testamentary Lord marriage Mass mind Missou Notes of Cas nuncupative operate party Penn personal estate Phillim prerogative court presumption proof proved real estate respect revocation revoked Robert rule sanity signature signed Sir H Sir John Nicholl Smith stat statute of frauds subsequent sufficient Swinb tator temp testament testamentary paper testator testator's thereof tion tort trust valid Vict Watts Wentw wife
Page xiv - And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned, that is to say, it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but...
Page xviii - ... a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
Page xvii - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Page xx - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page xvi - And be it further enacted, 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) . XIX.
Page xi - And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...
Page xix - ... unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift being, without any implication arising from such words, a limitation of an estate tail to such person or issue or otherwise...
Page 569 - CD, deceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of him the said A. B., or into the hands and possession of any other person...
Page 95 - ... apparent on the face of the will that the testator intended to give effect by such his signature to the writing signed as his will...
Page xii - ... all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will...