Commentaries on the Law of Persons and Personal Property

VII. Registration of

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SECT. I. Voluntary Assignments and Composition Deeds. I. Voluntary

Assignments. Preferential Assignments. (1) Validity of Assign-

ment. (2) Its Nature and Effect. - Non-preferential Assignments.

II. Composition Deeds.

562-566

SECT. II. Bankruptcy and Insolvency Proceedings. (1) The Court hav-
ing Jurisdiction and its Officers. (2) Kinds of Bankruptcy. — Volun-
tary Bankruptcy. Involuntary Bankruptcy.
Involuntary Bankruptcy. (3) Proceedings to

Realize the Estate, Duties of the Assignee, the Adjustment of Claims,

and the Distribution of Assets. (4) Proceedings peculiar to Partner-

ships and Corporations. (5) The Discharge. (6) Fraud as an Element

in Bankruptcy Proceedings. (7) The Mutual Relation of the State and

Federal Courts in Cases of Bankruptcy. Insolvency under State

Rights of Foreign Assignees in Bankruptcy or Insol-

Laws.

vency

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DIVISION VII. -TITLE BY SUCCESSION.

SECT. I. Title by Will. I. The Origin of the Power to make Wills of

Personal Property. II. Capacity to make a Will. Want of Age.

Mental Unsoundness. Undue Influence. · Coverture. — III. The

Nature and Requisites of a Will or Testament. Mode of Execution

in England and generally in the United States. - Attestation Clause.

- IV. Revocation. (1) Express Revocation. (2) Implied Revocation:

1. Inconsistent later Wills and Codicils; 2. Subsequent Marriage and

Birth of Issue; 3. Statutory Provisions working Revocation. - Non-

revocable Wills. - V. Revival and Republication. - VI. Probate. —

VII. The Construction, Operation, and Effect of a Will. Rules. —

VIII. Legacies. (1) Kinds of Legacies: 1. Specific; 2. Demonstrative;

3. General. Cumulative and Substitutionary Legacies; Rules for

Determining. (2) Ownership or Right of the Legatee. - Vested and

Contingent Legacies. - Absolute and Conditional Legacies. — Qualified

Ownership in Legacies. (3) Incidents to Legacies: 1. Abatement;

2. Ademption; 3. Satisfaction in General, and between Parent and

Child, and Double Portions, Rules as to. (4) Legacies charged upon

Land. (5) Void Legacies: 1. Illegality; 2. Fraud; 3. Uncertainty;

4. Want of Capacity to Bequeath; 5. Incapacity of the Legatee to

Take. Corporations. Charities. Individual Legatees; 6. Effect of

SECT. II. Succession in Case of Intestacy.

Descendants (2) To a Wife - Domicile as affecting Distribution 638-643

SECT. III. Executors and Administrators. I. Distinctions peculiar to

Executors (1) Bonds not Required. (2) Title dates from Death.

(3) In Absence of Statute may Bequeath Office. (4) Executor de son

tort. (5) When an Infant or Married Woman, etc. II. Distinctions

applicable to Administrators. (1) Cum testamento annexo. (2) De bonis

non. (3) Durante absentia. (4) Durante minore ætate. (5) Pendente

lite. III. Rules common to both Executors and Administrators;

Duties of. (1) To Bury the Deceased. (2) To Collect the Assets and
Pay the Debts. Real Estate as Assets. (3) Payment of Legacies.
Interest on Legacies. Succession Duties or Taxes. (4) Distribu-
tion of the Estate. (5) Management of the Estate: 1. Contracts of
Personal Representatives; 2. Continuing the Business of the Decedent;
3. Care and Preservation of the Estate; (a) Duty to Insure, (b) Conver-
sion of Assets, and Investments, (c) Liability for Waste. Liability of
one of several Executors. — IV. Judicial Proceedings. (1) Adminis-
tration Suits. (2) Administration in the Probate Courts. - V. Ancil-
lary Administration