A Treatise on Wills, Volumen1

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CHAPTER IX
379
Jews What are charitable uses Force of English statutes in the United States
382
Girard Will Binneys Argument 495 Rose Will Dwights Argument 501 Perin v Carey1860
384
English mortmain acts only local
386
American mortmain acts
389
Force of statute of Elizabeth in the United States
390
Albertson1866
391
What are not charitable uses
397
Bequests to be given in private charity
400
Bequests not necessarily charitable on account of professional or official charac ter of legatee
401
Legacy may be charitable though payable at once to individuals to poor relatious is not charitable
402
unless intended as a perpetual pro vision
403
Uncertain object
404
donee
409
Incapacity as a corporation
410
Misnomer of corporation
411
Unincorporated societies
412
Decree to be incorporated
413
No failure for want of trustee
414
Failure for want both of trustee and definite beneficiary
415
Meaning of benevolent charitable
416
Charity held the sole purpose notwithstanding doubtlul expressions
417
Distinction where the gift is for charitable and other ascertained objects though apportionment left to trustees
418
Trustees declining to apportion donees take equally
419
Policy of early tiines in regard to charity
420
Statute of Geo II c 36
422
Sum charged on land for testator and not yet raised
423
Legacy partly real and partly personal void pro tanto
424
Property savoring of realty Early decisions as to canal shares and debentures Shares in joint stock companies not within the
425
Railway debentures
428
not within the act 429 Debentures of other companies Growing crops Arrears of rent Tenants fixtures
429
Bequests of proceeds of real estate and of money to be laid out in land to charity illegal
430
Where the purchase of land is the ultimate object the trust is
431
Recommendation to purchase mandatory Option to trustee bequest is good
432
Legacy to be applied in discharging an encumbrance on charity property invalid
437
Effect where land is charged as an auxiliary fund
443
Bequest of pure personalty to charitable purpose not restrained
449
Partial exclusion of the cy pres doctrine
455
Chronological review of American cases discussing this question
464
Ayres v M E Church1819
477
Allen1867
486
Norris v Thomson1868
502
Origin of the rule How regarded by the early judges
503
Period for which vesting of estates may be suspended Statute of perpetuities how far applicable to charities
504
New York statute of perpetuities
510
Period to be computed from testators death
519
Executory devise to arise on an indefinite failure of issue void unless engrafted on an estate tail
521
Difference between an executory devise and a remainder 524 Term of years whether ulterior or precedent to estate tail
524
Executory limitation whether precedent or subsequent
525
Whether a remainder which is destructible can be void for remoteness Devise of a reversion may be void when a similar devise of a remainder would...
526
A different rule applies to contingent limitations by way of remainder in equit able interests
527
Gifts to an unborn class to vest after majority
529
Gift of personal estate to a class which may comprise objects too remote void as to
530
Gift to a class including a named person
531
What constitutes a gift to a class
534
Where the remote gift is substitutional that alone fails
537
Otherwise where it is concurreni
538
Vesting of personal property given in strict settlement must not be deferred till any tenant in tail attains twentyone
540
Rule against perpetuities does not apply to accumulations for payment of debts
541
As to provisions for grandchildren Testator may mould his disposition according to subsequent events
542
Devise to a person who might not answer a certain qualification within allowed period held void irrespective of event 517 Gift to unborn person for l...
543
As to gifts in remainder expectant on estate for life to unborn person
550
An interest which does not vest within the period is void though alienable
551
servants means servants at date of will
600
renewed lease
606
Verbs in present tense
613
Effect of declaration that legacy shall not lapse
619
No distinction where class is ascertainable by some event which occurs in testa
625
Whether same issue must be living at death of devisee and of testator
639
Heir or next of kin not to be ousted on conjecture
645
Gift of part of a larger quantity not uncertain where devisee is entitled to select
652
Does the void gift fall into the residue?
659
Devise to three the one to be heir to the other
665
Gift to several successively not saying in what order
669
Charitable legacies not void for uncertainty of object Section IV Effect of mistake in locality or occupancy of lands and of misnomer generally as to ...
671
Mistake in locality of lands Leasehold will pass as freehold
672
All particulars in description of object need not be correct Misnomer of corporations
673
individuals
674
Distinction where there is more than one claimant
675
Uncertainty avoided by position of names in will Name and description evenly balanced
677
No name except as part of description Where one answers both name and description he will take notwithstanding improbability Section V What wor...
678
Where gift in trust though discretional Precatory trust
680
Other cases of doubtful words creating a trust
684
Mere expressions of kindness not sufficient Doubtful expressions explained by context
685
Where the gift is for the donees absolute use precatory words do not create a trust
686
Limits of the doctrine of precatory trusts Instances of words being too indefinite to create a trust
689
Meaning of the rule requiring certainty of object and subject for a precatory trust
693
Gift for a specified purpose Where the purpose is the benefit of the donee alone the gift is absolute
694
Where interest of legatee is left to discretion of trustees
695
Where the purpose is not for the benefit of the donee alone three constructions
696
a Cases of complete trust
697
b in which there is a discretion liable to be controlled
698
Distinction where given in first instance absolutely
700
Bequest to A to maintain
702
Direction to permit tenants to continue in occupation
703
employ a particular steward
704
CHAPTER XIII
708
Letters and oral declarations of testator rejected
711
Evidence of mistake by person who drew the will rejected
714
Express republication of antecedent will not controlled by parol evidence
716
Difference between revoking act and revoking codicil Devise inadvertently omitted cannot be supplied
717
Clause improperly introduced into will may be rejected on issue devisavit vel
721
Execution of wrong instrument
722
duplicate will a pretended will
723
Parol evidence inadmissible to repel a resulting trust
724
Construction not to be influenced by parol evidence of actual intention
726
Copyhold not extended to freeholds by parol evidence
728
Extent of estate of Ashton not enlarged by extrinsic evidence
729
Position of relative pronouns not to be varied by parol evidence Words may be diverted from their primary acceptation by inconsistency of context
730
As to translating or deciphering peculiar characters and explaining local or technical terms
732
State of facts at the date of the will proper to be regarded
733
when not to infinence construction
737
Effect of 1 Vict c 26
739
Reference to extrinsic documents
741
It is sufficient if testator provide means of ascertainiug the object of gift
743
Rule as to patent and latent ambiguities how far conclusive in deciding on admissibility of evidence 747 Evidence of intention when admissible
747
Equivocation
748
Effect where there are two subjects or objects answering to description Evidence admitted to show which was intended Declarations of testator admitt...
749
Contra where ground for preferring either is afforded by the will or by sur rounding circumstances
751
Where part of description applies to each of several persons and part 10 neither evidence admitted
752
Where part applies to one and part to another evidence of intention not admis sible
754
Evidence of immaterial circumstances rejected
756
Evidence of intention not admissible to support claim of one to wliom no part of description applies
759
Same rule as to subject of gift
760
Total blanks for names not to be supplied Partial blanks supplied Evidence sometimes admissible though immaterial
761

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Página 248 - And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator,...
Página 299 - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Página 601 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 486 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Página 637 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Página 709 - Where there is nothing in the context of a will, from which it is apparent that a testator has used the words, in which he has expressed himself, in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case to see whether the meaning of the words be sensible in any popular or secondary sense, of which with reference to these circumstances, they are capable.
Página 191 - Act it is enacted6 that if any person shall attest the execution of any will to whom, or to whose wife, or husband any beneficial devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of...
Página 325 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Página 280 - And be it further enacted, That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions) . XIX.
Página 178 - And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...

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