Law of Wills, Executors and Administrators, Volumen2

James Schouler

M. Bender, 1915 - 1734 páginas

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VOLUME II	1473

Eaton	1250

Lloyds Estate	1258

PART I	863

applied	869

Conflict of Laws General Rules varied by Treaty Statute etc	892

tion aside from Domicile Questions of Double Jurisdiction	899

PART II	909

Equitable Assets as distinguished from Legal Assets	1211

Assets where Property is appointed under a Power	1213

Chattels Real as Assets Leases etc	1214

Chattels which come by Remainder as Assets	1215

Things on the Borderline of Real and Personal Rule of Assets applied to Heirlooms	1216

Rule of Assets applied to Emblements	1217

Rule of Assets applied to Fixtures	1218

1227a Rule of Assets applied to Severance of Land Products etc	1221

Miscellaneous Disabilities for the Office	917

Testators Delegation of the Power to name an Executor or	922

CHAPTER II	939

Testamentary Papers Ineffectual until after Proper Probate	946

Modern Laxity as to Papers of a Testamentary Character cor	952

1066 1067 Probate of Will in Common Form 956	956

The Subject continued American Statutes as to Nonconten tious Business	960

Probate of Will in Solemn Form English Practice	961

Probate of Will in Solemn Form American Practice	963

Contest over Conflicting Testamentary Papers	966

The Proof Needful to establish a Will Proceedings at the Hear ing for Probate	968

Proof of the Will Instrument to be in Writing and signed by the Testator	970

Signing by the Testator Subject continued Publication etc	973

Proof of the Will Subscribing Witnesses	974

Proof of the Will Mode of Attestation by Witnesses	977

Proof of the Will Suitable Testamentary Condition on the Part of the Testator	978

Proof of the Will Suitable Testamentary Condition as respects Legal Capacity	981

Proof of the Will Testimony at the Hearing	982

Revocation or Alteration of Wills Codicils New Wills etc	983

Will Contest is in Rem Appeal or Review from Probate etc	986

Lost Wills Informal Alterations etc	987

Probate in Whole or in Part	989

Probate in Facsimile or by Translation	991

1086a Slanderous Statements in a Will	992

Decree of Probate entered Public Custody of the Will	993

1089a No Injunction Effect of Probate	994

CHAPTER III	996

Intestacy Fundamental to the Grant of General Administra tion Death and Domicile or Local Assets	997

Presumption favors Jurisdiction where the Grant is conferred but the Fundamental Facts must exist	998

1092a Administration Grant in Ignorance of a Will	999

Value or Kind of Estate whether Fundamental	1000

Time within which Original Administration must be applied for	1001

Judicial Inquiry into the Facts Essential to the Grant of	1002

Kindred	1011

Nomination of a Third Person by the Person entitled to	1026

Cases	1032

English Rule in Cases Analogous to Those which call for	1039

CHAPTER IV	1049

Administration with the Will annexed Functions of the Office	1051

Administration with the Will annexed Appointment of Next of Kin	1052

Administration with the Will annexed Surviving Spouses Right considered	1053

Administration with the Will annexed Executors Rights	1054

Administration of Personalty not already administered de bonis non when granted etc	1055

Administration de bonis non to whom committed	1059

Death of surviving Spouse pending Settlement of Deceased Spouses Estate	1061

Administration de bonis non Miscellaneous Points	1062

Temporary Administration Administration during Minority durante minore aetate	1063

Temporary Administration Administration durante absentia	1065

Other Temporary Administrations Administration pendente lite etc	1067

Special Administration for Limited and Special Purposes etc	1069

CHAPTER V	1075

Bonds required from an Executor Residuary Legatees Bond	1079

Bonds required from an Administrator English Rule	1080

Bonds required from an Administrator American Practice	1083

Probate Bonds How Taken	1085

Probate Bonds Irregularities etc attending Execution How far Available	1087

Whether a Probate Bond may bind as a Commonlaw Bond	1089

Sufficiency of Probate Bonds as to the Security and the Par ties offered	1090

CoExecutors and CoAdministrators joint and separate Bonds	1091

Probate Bond What Property is covered What Functions in cluded etc	1092

Release or Discharge of Sureties	1096

New or Additional Bonds when and how required	1097

1148a Liability on Bond how enforced	1099

Lost and Missing Probate Bonds	1100

Revocation by Proceedings in the Probate Court	1105

1160b Effect of Misnomer of Decedent	1125

Principal Letters need not precede the Ancillary	1131

Foreign Appointment of Executors or Administrators Unavai	1138

ciliary Administrator	1148

Where different Executors are named in a Will for different	1156

Theory of Executorship de son Tort	1164

Whether Will to be operative must conform to the Law	1171

Intermeddling by a Third Person after the Grant of Letters	1179

1211a Eqitable Title of Others to Technical Assets	1198

Real Estate descends to Heirs not Assets except for Deficiency	1199

Executor or Administrator has no Inherent Authority as to Real Estate	1200

Real Estate of Mortgagor or Mortgagee Rule of Assets	1202

Rule of Assets as to Lands set off in Execution	1204

Legal Character of Property Real or Personal fixed at Own ers Death Rule of Equitable Conversion	1205

Character of Property at Owners Death Instances Contract to sell Land Damages Fireinsurance Money etc	1207

Gift Causa Mortis etc as affecting Question of Assets	1208

1219a Effect of Insolvency Equitable Assets	1209

Rule as to Foreign Assets	1222

CHAPTER II	1223

Inventory required in American Practice whether Indispensable	1224

Dispensing with an Inventory after Lapse of Time	1227

What the Inventory should contain 1228	1228

Assets and Inventory in Special Instances Coownership etc	1232

Effect of the Inventory Power of the Local Probate Court to alter etc Inventory as Evidence	1233

Advantages of Returning an Inventory 1235	1233

CHAPTER I	1233

Personal Liability of the Representative upon the Decedents	1233

Lien on the Assets is for Representative rather than for	1233

Whether Admissions etc by Representative bind the Estate	1264

CHAPTER II	1270

Duty to pursue or collect depends upon Means at Representa	1276

Survival of Actions founded in Contract Exceptions to Rule	1280

The Same Subject Replevin Detinue etc by the Representa tive	1285

The same Subject Action for Damages in causing Death	1287

The same Subject Actions founded on Wrongs done to Real Estate etc	1289

Actions upon Covenants Real etc Whether Representative may sue	1290

The same Subject Breach of Covenant in Deed or Lease	1292

Action for disturbing Possession Pew Lease etc	1293

Suits whether to be brought by Representative in his own Name or as Representative	1294

The same Subject General Principle as to suing in Represen tatives Individual or Official Name	1295

Suits on Contracts made with the Representative	1297

Suit by Representative on Promissory Note or Other Negotiable Instrument	1298

General Conclusion as to Suing upon Contracts in the Indi vidual or Representative Character	1299

Prosecution of Suits in Equity by the Personal Representative	1300

Proceedings to obtain Possession of Specific Negotiable Instru ments etc belonging to the Estate	1301

Pursuit of Assets where Decedent fraudulently transferred	1302

Representatives Power to Compromise or Arbitrate	1303

The same Subject Effect where the Expression Assigns Next of Kin Heirs etc is used	1304

Right of Representative to distrain or sue for Rent in Arrears	1305

Rights of Personal Representative upon Conditions made with the Deceased	1306

Rights of Personal Representative as to Pledge Collateral Se curity etc	1307

Gathering the Crop or Emblements	1309

As to Care and Custody Responsibility of Executor or Admin	1315

Paying Assessments Discharging Liens etc upon Personal	1322

Liability for placing or leaving Assets in Trade Speculation	1331

Sale Investment etc of Perishable Assets Cattle etc	1337

Assets should be kept distinct from Representatives	1341

CHAPTER IV	1349

Authority to sell or transfer or buy as affected by Expressions	1356

Disposal of Chattels Real assigning and underletting Leases	1362

Representatives Liability for Negligence Fraud etc in	1365

CHAPTER V	1379

Survival of Actions against Deceased founded in Tort	1385

Instances of Devastavit considered Effect of an Arbitration	1403

Hall	1405

Devastavit when excused by Concurrence Acquiescence etc	1416

CHAPTER VI	1424

Liability of CoExecutors and CoAdministrators on Bonds	1436

1410	1436

1414	1436

Last Sickness	1436

Claims grounded in a Tort Damages etc Contingent Claims	1492

The Same Subject English Rule as to Equal Creditors Credi	1502

CHAPTER II	1516

CHAPTER III	1531

CHAPTER IV	1554

Lord	1557

To whom Legacies should be paid Deceased Legatees Infants	1563

CHAPTER V	1579

Rights of Children and Lineal Descendants in Distribution	1585

1502a Distribution by Mutual Consent	1592

Lyle v Williams	1599

PART VI	1602

CHAPTER II	1612

Levy of Execution obtained against the Representative	1618

ACCOUNTING AND ALLOWANCES	1619

pay Debts etc	1654

Charging the Representative with Interest	1658

Lynch v Baxter	1665

1545	1675

REMEDIES BY AND AGAINST EXECUTORS AND ADMINISTRATORS	1683

INDEX 1687

1044

Foreign and Domestic Administration

Collection of Debts with Security changing or renewing

1148

Lyon Ex parte

1527

Derechos de autor

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Law of Wills, Executors and Administrators, Volumen2
James Schouler
Vista completa - 1915

Términos y frases comunes

admin American ancillary ancillary administration Appeal appointment assets authority Bank bate bond Bradf chattels citation cited claim Clark codicil common law Conn court of equity court of probate creditors death debts deceased person decedent decedent's decree discretion distribution duly duty England entitled equity execution executor or administrator executors and administrators Exrs favor foreign grant Hagg heir instance instrument interest intestacy intestate inventory istration Jones judicial kindred land last domicile legatees letters of administration letters testamentary liable Mass ment ministration modern Moore N. J. Eq non-resident one's parties Penn personal estate personal property personal representative personalty Phillim probate court probate jurisdiction public administrator qualified real estate Redf require rule Schoul settlement Smith Stats statute Story Confl supra sureties testator's tion tort tribunal trust usually valid Vict widow Wilson witnesses

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Información bibliográfica

Título	Law of Wills, Executors and Administrators, Volumen2 Law of Wills, Executors and Administrators, James Schouler
Autor	James Schouler
Edición	5
Editor	M. Bender, 1915
Largo	1734 páginas

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