Reports of the Cases Decided in the Appellate Court of Indiana Volume 33

Reports of the Cases Decided in the Appellate Court of Indiana Volume 33

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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. 1904 edition. Excerpt: ... the trust is invalid. pp. 396, 397. SAME.---C'0nstru.1.'lion.--Bequest in Perpetuity for Private Burial Grou-nds.--.-provision in a will for the enclosure of the family graves and the expenditure of a certain amount annually for the care of the graves in perpetuity is invalid, and such provision is only effective during the administration of the estate. pp. 397, 398. SA.rE.---Cluuilab1e Bcqucsts.--Perpetuit'rs.--Charitable bequests though not within the statute, @3382 Burns 1901, against restraints on alienation, are invalid, where such bequests are a part of a general scheme to create a trust for thirty years in violation of such statute. pp. 898, 399. SAME.--Cmstructim.--'here an executor applied to the court for the construction of the will of testatrix as to the disposition of a surplus arising from the sale of real estate, and in answer to the crosscompluint of an heir asked the court to construe each provision of the will, no error was committed in construing the entire will, all the parties in interest being before the court. p. 899. From the Vandcrburgh Circuit Court; A. C'. IIa.wkz'ns, Special Judge. Proceeding by John T. Phillips, executor of the will of Elizabeth Aiken, deceased, and others, against Daniel A. Heldt and others for the construction of the will. From a judgment construing the will, petitioners appeal. Afiirmed in part and reversed in part. Phillips v. Heldt. G. V. Menzies, J. W. Spencer, J. R. Brill and L. J. Hernzan, for appellees. Comsroox, J.--All the questions in this case arise upon the will of Elizabeth Aiken, deceased, which was admitted to probate in the Vandei-burgh Circuit Court on the 9th day of December, 1899. The following is a copy of the will: "In the name of the benevolent Father of...
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Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236989120
  • 9781236989123