A Treatise on the Law of Legacies - Roper Stote Donnison Roper - Google Libros

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CONTENTS

OF THE FIRST VOLUME.

Donations mortis causâ

SECT. I. The description and nature of a Donatio mortis

SECT. II. The circumstances required to constitute a Do-

natio mortis causâ

1. As to the gift of the Donee

2.-The delivery of Possession; and,

3.-Of Evidence admissible to prove the gift and the
the sufficiency of such evidence

SECT. III. What will defeat the Donation when originally

good

Who may be a Legatee; and of the Descriptions of Lega-

SECT. I. Legacies to legitimate children and grand-chil-

1.-Where children living at the date of the will, are

entitled in exclusion of those afterwards born

2.-Where children living at the death of the testator,

are entitled in exclusion of those after born

3.-The right of a legitimate child in ventre sa mere

4.-When children living at the time the fund becomes

distributable after the testator's death, are and

are not entitled in exclusion of those after-born.

First, When the division is postponed until

a child or children attain twenty-one; and, ib.

Second,-When the distribution is deferred

during the life of a person in esse

5.-When a younger child considered an eldest

6.-When an eldest or only child considered a younger 65

SECT. I. Legacies to legitimate children-continued.

7.-When a child required to answer the description

8.-When the word "children" will and will not in-

clude grand-children, &c.

9.-When the words "children" and "grand-children"

will and will not comprehend great grand-chil-

dren, &c.; and of the claims of grand-children

SECT. II. Legacies to natural children

1 & 2.-Effect of bequests to unborn natural children

3.-Capacity of natural children living at the date of

the will, to take under the description of chil-

dren: and the evidence admissible in those cases

SECT. III. Legacies to "heirs," who entitled

1. When next of kin

2.-When children

3.-When the heir

SECT. IV. Legacies to "issues," who entitled

1.-Grand-children, &c.

2:-When the issue of children only who were living

at the date of the will

3.--When restrained to children

SECT. V. Legacies to "relations," who entitled

1.—When restrained to next of kin, as where the be-

To relations generally; or

To near relations; or

2.-When the word relations will comprehend other re-

latives than next of kin; as

Where the legacy is given to poor as a perma-

nent charity; or

To most necessitous relations

Where the bequest is to poor or poorest rela-

tions, at the discretion of executors, &c.

And the nature of such discretion; or

When the intention appears upon the will to

include more distant relations than next of

3.- When the word relations may not include all the

next of kin; as

In bequests to my nearest relations or my

nearest relation

Construction of the term, nearest relation

Construction of the words nearest relation,

of the name, or of the name and blood of the

testator; and the effect of assuming the

name by statute or royal license

4. Whether relations by marriage are included in a

bequest to relations

SECT. VI. Legacies to "next of kin."

1.-Who entitled under the description

2.-Whether relations by marriage

3. As to distinction when the Statute of Distribution,

or intestacy is or is not referred to in the be-

4.-Bequest to next of kin in equal degree

SECT. VII. Legacies to "personal representatives," or

"legal personal representatives"

1.-When executors or administrators entitled under

the description

2.-When next of kin

3.-When children; and

4.-When a husband or wife

ib.

SECT. VIII. Construction of bequests when limited to exe-

cutors and administrators

SECT. IX. Legacies to "descendants"

SECT. X. The word "family," who entitled under it

1.-When the bequest is immediate and absolute

2.-When the bequest to family is connected with a

power of appointment. And the different con-

struction when the power is one of selection, and

SECT. XI. Legacies to "nephews and nieces"

SECT. XII. Legacies to "first and second cousins"

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1-Who entitled under the description; and

2. Of parol evidence in this case

SECT. XV. Of the periods when the persons described by

the terms "family" or "next of kin," &c.

must be in esse to take under the descrip-

1.-When at the date of the will

2.-When at the death of the testator; and

3.-When at the happening of an event subsequently to

the testator's decease

SECT. XVI. When legatees take per capita, or per stirpes,

ib.

SECT. XVI. When legatees take per capita, &c.—continued.

2.-When per stirpes; and

3.-When per capita et stirpes

131

SECT. XVII. Effect of mistakes in the names of legatees

1.—When error in, or omission of name will be rectifi-

ed by the description of the person or the context

2.-When mistake in name corrected by parol evidence 133

SECT. XVIII. Effect of mistakes in the descriptions of lega-

tees; and the admission of parol evidence in

1.—When error in description rectified by the name

2.--When such error is occasioned by fraud it will

avoid the bequest

3.-When error in description corrected by parol evi-

dence, and when such evidence is inadmissible 137

4. When the evidence is insufficient, and the bequest

void for uncertainty; and

5.-When that evidence is insufficient, and the legacy

SECT. XIX. Consequences of imperfect descriptions of, or

imperfect references to, legatees apparent in

wills, and of the admission of parol evidence

1.—Where a blank is left for a christian name

2.-Where a blank is left for the whole name

3. When only the initials of a name are written

-

ib.

ib.

Of Specific Legacies

SECT. I. What are specific legacies, and the privileges and

disadvantages attending them

SECT. II. Specific legacies of individual personal chattels 150

SECT. III. Specific legacies of, and relating to, real chat-

tels and estates

1.-Of real Chattels

2.-Of rents and annuities out of real chattels and es-

3.-Of gross sums of money out of them; and

4.-Of the produce from their sales

SECT. IV. Specific legacies of sums of money and personal

SECT. V. Specific legacies of stock or annuities in public

1.-Effect of "my" preceding the word "stock"

2.-Bequests of stock generally

3.-Construction when stock is bequeathed generally

in a particular fund

when expressly out of particular stock

when not expressly out of stock, but stock

is mentioned as the fund in which the money

bequeathed is, or is supposed to be invested

SECT. VI. Colonial property

Legacies of when and when not specific

ib.

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Rights of Specific Legatees under the words of the Will,

and against the Executors; and the Rights of Spe-

cific legatees of Goods and Chattels in remainder

against specific Legatees for life

SECT. I. What personal estate will pass to the specific le-

gatees under the words of the will

1.-Considering when the words refer to the date of

the will, and when to the death of the testator

2.-What will pass by the words goods, household

goods, personal estate, property, and things,

when referred to as being in a particular place;

3.-When the words goods, &c. will be restrained to

such only as are ejusdem generis with those spe-

cified in the will, and when not

4.-Construction of the words household furniture,

household stuff, chattels, live and dead stock,

stock upon a farm, effects, utensils, money, se-

curities for money, medals, debts, linen and

clothes, farm and plate

ib.

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