The Northeastern Reporter Volume 134

The Northeastern Reporter Volume 134

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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: Moon, Adm'r, v. Stewart, 87 Ohio St. 349, 101 N. E. 344, 45 L. R. A. (N. S.) 48, Ann. Cas. 1914A, 104. 1 This is a salutary rule, because it is seldom that two wills present precisely the same question, and all rules and'presumptions must yield to the paramount intention of the testator where that may be ascertained from the language used by him. And the question whether legacies are to be charged on real estate depends on the terms and provisions of the particular will under consideration. All authorities agree (40 Cyc. 2014) that--"The intention to charge legacies on real estate must clearly appear or be clearly dedueible from the language and dispositions of the will. It is not necessary that the charge shall be made in express terms or that any particular language shall be used. But the court will not construe a will as charging legacies upon real property, and particularly upon real property specifically devised, unless such an intention clearly and satisfactorily appears." In the consideration of a question such as is presented here, courts and counsel uniformly begin with the full concession that the intention of the testator must control and that that intention must be gathered from the language of the will itself where that is possible. When different views are entertained concerning the language, it naturally follows that there is a search for authorities under which a particular construction may be sustained. The danger is that this may lead to reliance on abstract technical rules in forgetfulness of the wish of the testator and in disregard of the safo and sensible starting point at which th Inquiry began. Where the Intention is not clear, It Is proper to consider the condition and extent of the estate, more

Product details

  • Paperback | 890 pages
  • 189 x 246 x 45mm | 1,556g
  • United States
  • English
  • black & white illustrations
  • 1236977009
  • 9781236977007