Probate Reports Annotated: Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law : with Notes and ReferencesFrank Sumner Rice, William Lawrence Clark Baker, Voorhis, 1899 |
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action affirmed alleged appeal appellee applied appointed bequeath Blandina bond brother child Circuit Court claim Clark clause codicil construction contingent court of equity creditors daughter death debts deceased decree deed defendant descendants devise died dispose distribution Du Bose E. H. Dowling Elijah H Elting entitled error evidence executed executor executor or administrator executrix fact fee simple filed gift husband income intention interest intestacy intestate issue judge judgment jurisdiction land legacy legatees letters testamentary marriage mortgage N. E. Rep paid parties payment personal estate personal property plaintiff plaintiff in error possession Probate Court proceedings provisions purchase question real and personal real estate reason remainder residuary estate residue rule Sarah Clark share sister sold Spann statute Supreme Court surviving term held terrorem testamentary testator's testatrix testimony thereof tion trust vested void widow wife words
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Страница 319 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Страница 296 - No unanimous decision of the Appellate Division of the Supreme Court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the Court ,of Appeals.
Страница 704 - A tax. shall be and is hereby imposed upon the transfer of any property, real or personal...
Страница 420 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Страница 259 - The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.
Страница 274 - The above instrument was at the date thereof signed sealed published and declared by the said John Peter Brownyard as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Страница 323 - A future estate, is an estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time. § 28. Definition, remainder — Where a future estate is dependent on -a precedent estate, it may be termed a remainder, and may be created and transferred by that name.
Страница 272 - And as to my worldly estate, and all the property, real and personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease.
Страница 265 - It is a clear proposition not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner.
Страница 140 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear...