Commentaries on the Law of Wills; Embracing Execution, Interpretation and Administration, Including Those Rules of Real Property and Principles of Equity Which Effect Testamentary Dispositions, with Full References to American Volume 2

Commentaries on the Law of Wills; Embracing Execution, Interpretation and Administration, Including Those Rules of Real Property and Principles of Equity Which Effect Testamentary Dispositions, with Full References to American Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...remainder to the children.--Adams v. Adams, 20 Ky. Law Rep. 655, 47 S. W. 335. Where the testator gave property to a son and two daughters with the right of survivorship to the one last living, after which the property was "to go to be divided between the children the lawful heirs of my aforesaid children," it was held that the rule in Shelley's Case did not apply.--Reilly v. Bristow, 105 Md. 326, 66 Atl. 262. The testator, after a devise to his grandson, provided that "after the death of my said grandson I give and devise the house and the lot of ground above described unto his children, to have and to hold the above described property with the appurtenances, unto his children, their heirs and assigns forever." In a later clause he referred to the devisees, "their heirs or legal representatives." It was held that the word "children" is primarily a word of purchase, and the words "heirs and assigns," and "heirs or legal representatives" did not refer to the grandson, but to his children, to indicate that they were to take in fee.--Hoover v. Strauss, 215 Pa. St. 130, 64 Atl. 333. Where the whole will disposing of the property consisted in the following: "I leave to my dear wife and our sweet little children all that I possess," a joint estate in the wife and children in equal portions was created.--Fitzpatrick v. Fitzpatrick, 100 Va. 552, 93 Am. St. Rep. 976, 42 S. E. 306. 69 Carr v. Estill, 16 B. Mon. (55 Ky.) 309, 313, 63 Am. Dec. 548; Grieve v. Grieve, 36 L. J. Ch. N. S. 932; Oyster v. Knull, 137 Pa. St. 448, 21 Am. St. Rep. 890, 20 Atl. 624; Moon v. Stone's Ex'r, 19 Gratt. (Va.) 130. See 952-956. See, also, Davis v. Sanders, 123 Ga. 177, 51 S. E. 298. When the...show more

Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236528883
  • 9781236528889