Gambar halaman
PDF
ePub

ject of administering the assets wherever situated. This is on the general ground that the jurisdiction of a court of equity follows the person. The rule was applied to the administration in England of the entire assets of a testator domiciled in Scotland, but having a small portion of his personal estate situated in England.1

This subject is regulated in New York by statute. In substance it is a digest of the principles already stated.2 Under the statute, the duty of the court in granting ancillary administration is made imperative, when certain specified steps have been taken. The local court takes an account as nearly accurate as possible of debts due residents of this State, and the applicant for letters may, in the discretion of the surrogate, be required to give a bond which will effectually secure the payment of the debts. The surrogate may order them to be paid out of the assets, or a proper percentage on them, if the estate is insufficient to make payment in full. Any surplus must be remitted to the State or country where the principal letters were granted.3

It

Under the head of title by contract would belong gifts, as well as contracts ordinarily so termed. One form of gift, donatio causa mortis, in some respects resembles a legacy. Still, it is radically distinguished from a legacy in the fact that it does not pass to an executor, and is made to take effect in the testator's lifetime. will on this account not be considered in this connection. The topic of "title by contract" is at once so vast and varied that, in carrying out the scope of this work, which is more properly an introduction to the law of contracts, it will not be expedient to consider it. It is enough to mention it here for the sake of completeness.

1 Ewing v. Orr Ewing, L. R. 9 App. Cas. 34, 45, 46. Scotland was treated as a foreign jurisdiction.

2 Code of Civ. Pro. §§ 2694-2702.

8 Id. §§ 2700, 2701.

INDEX.

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

as a means of acquiring title to personal property
young of domestic animals

additions by labor or by use of new material

remedies where addition is made wrongfully

[ocr errors]

431

479

511, 524, 539

619-621
649

as affecting right of United States against persons cutting timber

[merged small][ocr errors][merged small]

provisions of .

[ocr errors]
[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][merged small]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]
[ocr errors]
[merged small][merged small][merged small][ocr errors][merged small][merged small]

led to passage of Tenure of Judicial Office Act
ACTIONS IN PERSONAM,

in admiralty for injuries causing death
judgments in

survival of, to or against executor, etc.
against executor on testator's contract

ACTIONS IN REM,

in admiralty for injuries causing death
judgments in

proceedings to cause a forfeiture are
ADEMPTION OF LEGACIES,

what is

distinction between it and satisfaction
satisfaction of legacies.

.

[ocr errors]
[ocr errors]

. 620-627

(See LEGACIES.)

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors]

of decedent's estate. (See EXECUTOR AND ADMINISTRATOR.)

ADMINISTRATOR.

ADMIRALTY,

(See EXECUTOR AND ADMINISTRATOR.)

645, 646

645

645

646

646

646

603

664-666

666

667, 668

trial by jury, provisions of Magna Charta respecting, did not extend
to.

criminal jurisdiction, how far extends

46

122

death caused by injuries committed on high seas, jurisdiction as to. 253
actions in rem for injuries causing death

Lord Campbell's Act not applicable in.

[ocr errors]
[blocks in formation]

252, 253

253

254

333

339

339

478, 480

478-480

478-480

[ocr errors][ocr errors][ocr errors]

salvage allowed in case of derelict

jurisdiction of courts as to property found at sea or on the sea-

shore ..

forfeiture as applied to

judgments in rem in

ADOPTION,

of children under Roman law and by statute

[merged small][ocr errors]

doctrine of "collation of goods" under Roman law

meaning of the word "thirds" as used in settlements or wills
AGENT,

defined; contrasted with servant

[ocr errors]

of foreign government, holding funds of, may be sued when
of a State, when may be sued for acting under State law .
ALIENATION OF AFFECTION,

suits for, by husband or wife

ALIENS,

479, 480

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

acquisition of land by

132-136

[blocks in formation]
« SebelumnyaLanjutkan »