Probate Reports Annotated: Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law. With Notes and References, Volumen1Frank Sumner Rice, William Lawrence Clark Baker, Voorhis, 1897 |
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Términos y frases comunes
action administrator adverse possession affirmed alleged allowed appeal appellee apply bequeath bequest bill bonds Chancery child claim common law complainant construction corporation Court of Chancery court of equity creditors daughter death debts deceased decedent declared decree deed defendant demurrer deposition descendants died dower entitled error escheated evidence execution executor fact fee simple filed fund gift given guardian held husband income intention interest intestate issue Judge judgment jurisdiction jury land legacy legatee letters testamentary limitation marriage ment N. E. Rep objection opinion paid parties payment personal estate personal property petition plaintiff plaintiff in error possession Probate Court proceedings provisions purchase purpose question real estate reason remainder rule rule against perpetuities share statute Supreme Court testamentary testator's testatrix testimony thereof tion trial trust valid vested widow wife witness words
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Página 325 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Página 455 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Página 268 - The interpretation of the Constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history.
Página 193 - transfer" as used in this Act shall be taken to include the passing of property or any interest therein, in possession or enjoyment, present or future by inheritance descent, devise, succession, bequest, grant, deed, bargain, sale, gift, or appointment in the manner herein prescribed. The word "decedent" as used in this Act shall include the testator, intestate, grantor, bargainer, vendor, or donor. The words "county treasurer...
Página 459 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter or fact occurring before the death of such deceased person.
Página 456 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate, and succeeds thereto as provided in the preceding section.
Página 595 - For the purpose of determining the object of a testator's btunty or the subject of disposition, or the quantity of interest intended to be given by his will, a court may inquire into every material fact relating to the person who claims to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the court to identify the person or thing intended by the testator...
Página 192 - If a foreign executor, administrator or trustee shall assign or transfer any stock or obligations in this state standing in the name of a decedent, or in trust for a decedent, liable to any such tax, the tax shall be paid to the state comptroller or the treasurer of the proper county on the transfer thereof.
Página 229 - The testimony of a witness in this State may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Página 450 - A perpetuity is a future limitation, whether executory, or by way of remainder, and of cither real or personal property which is not to vest, until after the expiration of, or will not necessarily vest within, the period fixed and prescribed by law for the creation of future estates and interests, and which is not destructible by the persons for the time being entitled to the property, subject to the future limitation, except with the concurrence of the individual interested under that limitation.