Cream of the Law; The Best Things from the Best Cases Volume 2

Cream of the Law; The Best Things from the Best Cases 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. 1906 edition. Excerpt: ...with the broad signification of 'heirs at law.' Serfass v. Serfass, 190 Pa. 484 (42 Atl. Rep. 888). The term 'heirs at law' is often used in its popular sense of including heirs in the legal sense, --those upon whom the law casts title to realty possessed by the intestate at the time of his death, and next of kin. as well. Treating the latter term and the former only in their legal sense the one refers to those who take the personalty of an intestate, and the other to those in whom the title to the realty possessed by the intestate vests immediately upon his death. Under our statutes there is very little difference between the two terms, since, in the main, those who take the personalty of an intestate are the same as those upon whom the law casts the title to the realty. Sections 2270 and 3935, Rev. St. 1898. It follows from what has been said that if the petition in this case sufficiently brought to the attention of the court that the petitioners were the next of kin of the deceased or his heirs at law, then it must be held sufficient. We find, as indicated in the statement, that the petition went further than to merely state that the alleged heirs are near relatives. It stated that they 'are near relatives and heirs at law of the deceased and are entitled to a, distributive share of his estate' etc. The indications are that it was carefully worded by the draftsman, having regard to the technical distinction between 'next of kin' and 'heir at law, ' and that 'near relatives' was used as synonymous with the former term. That meaning may reasonably be attributed to such term. Cox v. Wills, 49 N. J. Eq. 130 (22 Atl. Rep. 794); Handley v. Wrightson, 60 Md. 198-206." Sec. 346. Wills--Probate of lost will--Testator's declarations as evidence....show more

Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236503252
  • 9781236503251