A Treatise on the Law of Legacies, Volumen1


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Página 322 - ... but in case of his death in the life of the testator. But it is perfectly clear that where the fund is given to one for life, and after the death of that person to several others, and in case of their deaths to their representatives, there is no reason to presume an intention that it shall not lapse by the death of the legatee in the life of the testator.
Página 303 - If one concerts with an executor, by obtaining the testator's effects at a nominal price, or at a fraudulent undervalue, or by applying the real value to the purchase of other subjects for his own behoof, or in extinguishing the private debt of the executor, or in any other manner contrary to the duty of the office of executor, such concert will involve the seeming purchaser...
Página 256 - A legacy is general when it is so given as not to amount to a bequest of a particular thing or money of the testator, distinguished from all others of the same kind. It is specific when it is a bequest of a specified part of the testator's personal estate which is so distinguished," — and, following the definition, held that the legacies of stock were general.
Página 602 - Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the father or mother or a descendant of a brother or sister of the father or mother of the decedent, at the rate of six per centum of the clear value of such interest in such property.
Página 630 - But the Master of the Rolls, after taking time to consider of it, and being attended with precedents, decreed that, as the testator had charged his real estate by this mortgage, and, on the other hand, specifically bequeathed the leasehold to his wife, the heir should not disappoint her legacy by laying the mortgage debt upon it, as he might have done, had it not been specifically devised; and though the mortgaged premises were also specifically given to the heir, yet he to whom they were thus devised,...
Página 211 - I now have in bank security, entirely for her own use and disposal, together with all my household furniture and effects, of what nature or kind soever, that I may be possessed of at the time of my decease.
Página 388 - ... as it would have operated standing alone. That will sets out precisely as this does ; but when it went on with words, making the intention clear, giving interest for his education, with a power to the trustees to lay out any part of the principal to put him out apprentice, and the remainder to be paid to him when he should attain the age of twenty-five, it was clear, upon the whole nothing but the payment was postponed. A distinction has been introduced between the effect of giving a legacy at...
Página 37 - ... notwithstanding, delivery of the key of bulky goods, where wines, &c. are, has been allowed as delivery of the possession; because it is the way of coming at the possession, or to make use of the thing ; and therefore the key is not a symbol, which would not do.
Página 231 - ... first legatee must sign and deliver to the second legatee, or, if there is none, to the personal representative, an inventory of the property, expressing that the same is in his custody for life only, and that, on his decease, it is to be delivered and to remain to the use and for the benefit of the second legatee, or to the personal representative, as the case may be.
Página 559 - A name,' said Chief Justice ABBOTT, in delivering the judgment of the court, 'assumed by the voluntary act of a young man at his outset into life, adopted by all who knew him, and by which he is constantly called becomes, for all purposes that occur to my mind, as much and effectually his name as if he had obtained an act of parliament to confer it upon him...

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