Part II. of Successions

Part II. of Successions

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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. 1861 edition. Excerpt: ...have its literal accomplishment, but it should be possible to supply in another manner that which the intention of the testator might seem to demand of the executor or legatee who is charged with the condition, he might satisfy it by accomplishing the said intention in the manner thatiwere possible. Thus, for example, if an executor or legatee were charged to buy a house, or other tenement, for some person to whom the testator had a mind to give it, and the proprietor would not sell the said house or tenement, or would not sell it but for an extravagant price; the executor or legatee would satisfy the condition by paying down the just value of the said house or tenement to the person to whom the testator had a mind to give it.' 3245. If the Condition depends entirely on the Act of a Third Person.--If the condition were entirely dependent on the third person, as in the case of the twenty-seventh article, the disposition of the testament would have its effect, such as should be regulated by the said third person, according to the power given him in that matter by the testator! XXXII. 3246. Example of a Condition which, although depending on the Act of other Persons, must be acc0mplished.---It is not always enough that an executor or a legatee do all that is in his power towards accomplishing a condition which depends partly on his act, and partly on the act of other persons; for there are conditions which are of such a nature, that no sort of obstacle can dispense with them, and which must necessarily be accomplished in order to give efiect to the dispositions which depend on them. Thus, for instance, if a testator had instituted a foreigner his executor, or given him a legacy, on condition that he should be naturalized at the time of...
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Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236947568
  • 9781236947567