The American Decisions; Cases of General Value and Authority Decided in the Courts of Several States

The American Decisions; Cases of General Value and Authority Decided in the Courts of Several States : From the Earliest Issue of the State Reports to the Year 1869 Volume 55-56

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... of distribution, means nothing more than distributees, or hecredus facti under the statutes; Kitchen v. Southern R. Co. 68 S. C. 554, 48 S. E. 4, 1 A. & E. Ann. Cas. 747, holding that "heir" and "distributee" have same meaning unless there is something to change ordinary meaning of word "heir." Cited in reference note in 64 A. D. 566, on indication of word "heirs" as applied to bequest of personalty. Distribution per stirpes or per capita. Cited in Preston v. Brant, 96 Mo. 552, 10 S. W. 78, holding those who take by purchase may take unequally if it is so provided by the donor or grantor; Maclean v. Williams, 116 Ga. 257, 59 L.R.A. 125, 42 S. E. 485, holaing distributees take per stirpes where estate is to go to such persons in life at time of testatrix's death, in equal shares; Kerngood v. Davis, 21 S. C. 183, holding resort to the statute to determine proportion each shall take will not be had where the instrument creating the gift indicates the intention of the donor as to manner of distribution; Johnson v. Jacob, 11 Bush, 646, holding a testator, bv compelling the court to resort to the statute of descents to ascertain the objects of his bounty, impliedly made it part of his will to determine the interest of each devisee; Allen v. Allen, 13 S. C. 512, 36 A. R. 716, holding where the gift is to a class the individuals of which can only be ascertained by a resort to the statute of distribution, the provisions of the statute governs the proportion each donee shall take; Heyward v. Heyward, 7 Rich. Eq. 289, holding wherever heirs or special heirs, are mentioned creating a reference to the statute, the statute exhibits the extent of-their interest; Seabrook v. Seabrook, 10 Rich. Eq. 495, on more

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  • Paperback
  • 189 x 246 x 48mm | 1,683g
  • United States
  • English
  • black & white illustrations
  • 1236975057
  • 9781236975058