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Books Books 1 - 10 of 10 on It has been held that a devise to "heirs," whether it be to one's own heirs or to....
" It has been held that a devise to "heirs," whether it be to one's own heirs or to the heirs of a third person, designates not only the persons who are to take, but also the manner and proportions in which they are to take; and... "
Massachusetts Reports - Page 286
by Massachusetts. Supreme Judicial Court - 1907
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The Northeastern Reporter, Volume 79

Law reports, digests, etc - 1907
...of the disputed clause can be derived from the other provisions of the will. It Is a well-recognized rule of testamentary construction that a devise to...proportions In which they are to take." Daggett v. Slack, 8 Mete. 450. This rule must prevail here, unless the words of the testator, "such heirs at law to share...
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A Treatise on Wills, Volume 2

Thomas Jarman - Wills - 1893
...the termination of the life estate, but that such cases were exceptional. See Fargo r. Miller, supra. A devise to heirs designates not only the persons who are to take, but the manner and proportions in which they are to take- Cuminings v. Camming*, 146 Mass. 501 (citing...
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The New York Supplement

Law reports, digests, etc - 1904
...held that a devise to "heirs," whether it be to one's own heirs or to the heirs of a third person, designates not only the persons who are to take, but...manner and proportions in which they are to take; and that, when there are no words to control the presumption of the will of the testator, the law presumes...
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Judicial and Statutory Definitions of Words and Phrases, Volume 4

Law - 1904 - 7839 pages
...134 Pa. 390; 1n re McCrea's Estate, 36 Atl. 412, 413, 180 Pa. 81. M.-i tu,or and amounts taken fixed. "A devise to heirs designates not only the persons who are to take, but also the 4 Woe. & P.— 19 manner and portions in which they are to take, and when there are no words to control...
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Reports of Selected Cases Decided in Courts of the State of New ..., Volume 42

Francis Blaine Delehanty, Robert George Scherer, Austin B. Griffin, Edward Jordan Dimock, Joseph Albert Lawson, Charles Cook Lester, William Van Rensselaer Erving, Louis J. Rezzemini - Law reports, digests, etc - 1904
...been held that a devise to " heirs," whether it be one's own heirs, or to the heirs of a third person, designates not only the persons who are to take, but also the manSurrogate's Court, Saratoga County, December, 1903. [Vol. 42. ner and proportions in which they...
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The American State Reports: Containing the Cases of General ..., Volume 118

Abraham Clark Freeman - Law reports, digests, etc - 1908
...of the disputed clause can be derived from the other provisions of the will. It is a well-recognized rule of testamentary construction that a devise to...description in wills have frequently been interpreted. In Ilolbrook v. Harrington, 16 Gray, 102, the language of the testator was "to be equally divided between...
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The Miscellaneous Reports: Cases Decided in the Inferior Courts ..., Volume 77

Francis Blaine Delehanty, Austin B. Griffin, Edward Jordan Dimock, Robert George Scherer, Joseph Albert Lawson, William Van Rensselaer Erving, Louis J. Rezzemini, Charles Cook Lester - Law reports, digests, etc - 1913
...case of a devise to " heirs," whether it be to one's own heir or the heirs of a third person, as this designates not only the persons who are to take, but also the manner and proportion in which they take, and that when there are no words to control the presumption of the will...
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Ruling Case Law: As Developed and Established by the Decisions ..., Volume 28

William Mark McKinney - Law - 1921
...Allison. 101 156. 95 NE 646, 33 LKA (NS M> unless such person dies before the testator.1* It is also a well recognized rule of testamentary construction...also the manner and proportions in which they are to take.15 A testator may ignore the technical meaning of the word,16 and in its interpretation such a...
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Minnesota Probate Law: Probate Courts, Descent and Distribution, Wills ...

Mark Boothby Dunnell - Forms (Law) - 1922 - 1006 pages
...unless a contrary intention is clearly manifested by the will.27 A gift to "heirs" or "heirs at law" designates not only the persons who are to take, but also the manner and proportions in which they take, namely, according to the statutes of descent and distribution.28 Under a gift to members of a...
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American law reports annotated, Volume 16

1922
...a devise or bequest to "heirs," whether it be to one's own heirs or to the Leirs of a third person, designates not only the persons who are to take, but...manner and proportions in which they are to take; and when there are no words to control the presumption of the will of the testator, the law presumes...
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