The American Probate Reports: Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law
William Whitehead Ladd, Charles Fisk Beach, Abraham Adolf Greenhoot
Baker, Voorhis & Company, 1886 - Law reports, digests, etc
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absolute administrator appellant appellees applied authority bank beneficiaries bequeathed bequest bonds cestui que trust charitable cited claim clause codicil common law condition construction construed corporation court Court of Chancery court of equity coverture daughter death debts deceased declared decree defendant devise dispose doctrine duty effect entitled equity erasure evidence executed executors express fact fee simple fund gift give heirs held husband income instrument intention interest intestacy intestate investment judgment jurisdiction land language legacy legatee life-estate limitation Marion county marriage mortgage named object opinion paid parties payment personal estate personal property personalty plaintiff principle probate Probate Court provision purchase purpose question real and personal real estate reason received referred remain remainderman residuary residue revocation revoke rule share Society statute Statute of Frauds supra testamentary testator's testatrix thereof tion valid vested void widow wife witnesses words
Page 359 - ... 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 the same.
Page 359 - Frauds it is enacted, that 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 553 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 58 - And any married woman may bring and maintain an action in her own name, for damages against any person or body corporate, for any injury to her person or character, the same as if she were sole...
Page 439 - ... a subscribing witness has forgotten the occurrence, or testifies against the execution of the will; the will may nevertheless be established, upon proof of the handwriting of the testator, and of the subscribing witnesses, and also of such other circumstances as would be sufficient to prove the will upon the trial of an action.
Page 594 - To administer according to law, and to the will of the testator, all his goods, chattels, rights and credits, and the proceeds of all his real estate, that may be sold for the payment of his debts or legacies, which shall at any time come to the possession of the executor, or to the possession of any other person for him...
Page 343 - The doctrine of election, strictly so called, is derived from the civil law, and is the obligation imposed upon a party to choose between two inconsistent or alternative rights or claims, in cases where there is a clear intention of the person from whom he derives one, that he should not enjoy both.
Page 77 - Yet the decision of the ordinary that the person on whose estate he acts is dead, if the fact be otherwise, does not invest the person he may appoint with the character or powers of an administrator. The case, in truth, was not one within his jurisdiction. It was not one in which he had a right to deliberate.