Harvard Law Review Volume 35

Harvard Law Review Volume 35

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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. 1922 edition. Excerpt: ...of this statement is open to question. Because specific legacies are subject to adcmption, courts have de veloped a tendency to construe legacies as general. See 2 ALEXANDER, Wrr.r.s, 646. A clear intent to the contrary is required to overcome this leaning. Matter of Security Trust Co., 221 N. Y. 213, 116 N. E. 1006. So if there is a legacy of a specified amount or number of shares of stock, and it appears that the testator never possessed stock to the amount of the legacy, it is held general. Purse v. Snaplin, 1 Atk. 414. The same is usually held of a bequest of an amount equal to that possessed by the testator at the date of the will. Snyder's Estate, 217 Pa. St. 71, 66 Atl. I57; Dryden v. Owings, 49 Md. 356; T iflt v. Porter, 8 N. Y. 516; Simmons v. Vallance, 4 Bro. C. C. 345; Robinson v. Addison, 2 Beav. 5r 5. See 1 ROPER, LEGACIES, 4 ed., 205 et seq. Contra, Jewell v. Ajzjzolonio, 75 N. H. 317, 74 Atl. 250. And see New Albany Trust Co. v. Powell, 29 Ind. App. 494, 64 N. E. 640. Where such amount is in round numbers, it may be that no suflicient intent that the legacy be specific is shown. But where the amount is odd, it seems that the inference of fact is sufiiciently strong to turn the balance, and to convince the court that the testator is dealing with the actual stock he owns. See Waters v. Hatch, 181 M0. 262, 79 S. W. 916; Martin, Petitioner, 25 R. I. 1, 54 Atl. 589; Jefireys v. Jeflreys, 3 Atk. 120. See 14 COL. L. Rev. 74. But see 1 Roman, op. cit., 212. LIENS--Loss or LIEN----Armcmrnnr AT SUIT or LIENHOLDER--Re TENTION or Possr-zssron AFTER Drssowrron or ATTACHMENT.---The defendant, who held a motor boat under a lien for repair charges, attached it in a suit against the owner. The sherifi left the motor boat on the...show more

Product details

  • Paperback | 492 pages
  • 189 x 246 x 25mm | 871g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236977939
  • 9781236977939