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" Lands embraced in a power to devise, shall pass by a will purporting to convey all the real property of the testator, unless the intent that the will shall not operate as an execution of the power, shall appear, expressly or by necessary implication. "
A Treatise on Land Titles in the United States - Страница 925
по Lewis Naphtali Dembitz - 1895 - 1655 страници
Пълен достъп - Информация за книгата

The Revised Statutes of the State of New-York: Passed During the ..., Том 1

New York (State) - 1829 - 826 страници
...fraud, FnaAboth in law and equity, in the same manner as conveyances by owners or trustees. § 126. Lands embraced in a power to devise, shall pass by a will Power to 111 fi , devise, how purporting to convey all the real property of the testator, unless the...

Commentaries on American Law, Том 4

James Kent - 1848 - 798 страници
...ibid. 106. Lee's case, SP Dyer, 219, pL 8. SP power be not cited or referred to. Lands embraced in ;s power to devise, shall pass by a will purporting to convey all the real estate of the testator, unless a contrary intent appears expressly or by necessary implication.* It...

Commentaries on American Law, Том 4

James Kent - 1854 - 728 страници
...it shall be deemed a valid execution of the power, although the power be not cited or referred to. Lands embraced in a power to devise, shall pass by a will purporting to convey all the real estate of the testator, unless a contrary intent appears expressly or by necessary implication.1 It...

The Compiled Laws of the State of Michigan: Published by Authority, Част 2

Michigan, Thomas McIntyre Cooley - 1857 - 998 страници
...and equity, in the same manner as conveyance* by owners or Trustees. Paw to d«»iw, (2710.) SEC. 53. Lands embraced in a power to devise, shall pass by...shall appear expressly, or by necessary implication. £*£!" rtnnc*' (2711.) SEC. 54. Every estate or interest given by a parent m°Dti' to a descendant...

Public and Local Acts of the Legislature of the State of Michigan, Том 2

Michigan - 1857 - 1012 страници
...equity, in the same manner as conveyances by owners or Trustees. Power to devise, (2710.) SEC. 53. Lands embraced in a power to devise, shall pass by...shall appear expressly, or by necessary implication. £rtbea advance" (2711.) SEC. 54. Every estate or interest given by a parent """""• to a descendant...

Reports of Cases in Law and Equity in the Supreme Court of the State ..., Том 25

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 710 страници
...her estate real and personal to her daughter Louisa. By the revised statutes (1 RS 737, § 126,) " lands embraced in a power to devise shall pass by...execution of the power shall appear, expressly or by implication." This clause was introduced to put an end to the uncertainties previously existing whether...

A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - 1861 - 718 страници
...the same manner as conveyances by owners or trustees. (Id. 125.) Lands embraced in a power to devise pass by a will purporting to convey all the real property...shall appear expressly, or by necessary implication. (Id. 126. Botler v. DePeyster, 25 Barb. 539. Jackson v. Delancy, 13 John. 537.) A power is subject...

Statutes at Large of the State of New York: Comprising the Revised ..., Том 1

New York (State) - 1863 - 1036 страници
...affected by fraud, both in law and equity, in the same manner as conveyances by owners or trustees. g 126. Lands embraced in a power to devise, shall pass by...purporting to convey all the real property of the testa- exwutedby tor, unless the intent that the will shall not operate as an wi™8 of execution of...

The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit ..., Том 17

1883 - 662 страници
...provision of the Revised Statutes (3 R S., 7th ed., 2193, § 126). that "lands embraced in a !>o\ver to devise shall pass by a will purporting to convey...shall appear expressly or by necessary implication," should also be applied to personal estate. 1 Bradf., 114; 25 Barb., 539 ; 86 XY, 522. When a will is...

An Act Relating to Property, and Other Matters Connected with Private Rights ...

New York (State). Legislature. Senate. Special Committee on the Revision of the Statutes - 1879 - 472 страници
...33 N. Y«, 406. See 1 Viet., c. 26, § 27.] § 151. The last section does not apply to a case where the intent, that the will shall not operate as an execution of the power, appears therein, either expressly or by necessary implication. [Id., the remainder of the same section.]...




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