New Jersey Equity Reports Volume 21

New Jersey Equity Reports Volume 21

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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. 1871 edition. Excerpt: ...not state them from actual sales or lettings. At the best, all such evidence, at least in the shape in which it was put before the master, is mere matter of opinion. At all events it does not appear to me that he has erred in this matter with sufiicient clearness to set aside his report and sustain the exception. For the same reason the first exception of the defendant, that the rents are overcharged to him, must be overruled. The second exception of the defendant is abandoned, and his third and fourth exceptions are not sustained by the evidence. The exceptions of both parties must be overruled, with costs to be paid by each to the other. BEArrY's ADMINISTRATOR vs. MoNTooMERY's Exsoor1ux. MoN'rooMERY's ExscorRIx vs. BEArTY's ADMINISTRATOR. 1. Whether a legacy is vestedor contingent, depends upon the event, and not upon the time. If the event is uncertain, the legacy is contingent though the time is fixed; if certain, the legacy is vested though the time is uncertain. 2. A legacy to A for life, and upon A's death to B, C, and D, is a vested legacy; and if B, C, and D die in the lifetime of A, their legal representatives are entitled, upon A's death, to their respective portions. A provision in the will that in case of the death of either of the legatees in the lifetime of A his share should go to the survivors or survivor, does not prevent the vesting. 3. If a legacy is given simply to A without fixing any time for payment, with provision that if A shall die it shall go to B, this gives a vested legacy to A if he survives the testator; the death is held to be death in the life of the testator. 4. But if a legacy given to one at the death of a person named is given to another in case such legatee...show more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236964659
  • 9781236964656