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action affirmed alleged appeal appellee applied appointed assets bequeath Blandina bond brother child Circuit Court claim Clark clause codicil common law construction contingent Court entered court of equity creditors daughter death debts deceased decree deed defendant descendants devise died dispose distribution E. H. Dowling Elting entitled error evidence executed executor executor or administrator executrix fact fee simple filed gift husband income intention interest intestacy intestate issue judge judgment jurisdiction land legacy legatees letters testamentary marriage mortgage N. E. Rep paid parties payment personal estate personal property plaintiff plaintiff in error possession Probate Court proceedings provisions purchase question real and personal real estate reason remainder residuary estate residue rule Sarah Clark share sister sold Spann statute Supreme Court surviving term held testamentary testator's testatrix testimony thereof tion trust vested void widow wife words
Halaman 319 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Halaman 704 - A tax. shall be and is hereby imposed upon the transfer of any property, real or personal...
Halaman 420 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Halaman 259 - The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.
Halaman 274 - The above instrument was at the date thereof signed sealed published and declared by the said John Peter Brownyard as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Halaman 323 - A future estate, is an estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time. § 28. Definition, remainder — Where a future estate is dependent on -a precedent estate, it may be termed a remainder, and may be created and transferred by that name.
Halaman 272 - And as to my worldly estate, and all the property, real and personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease.
Halaman 265 - It is a clear proposition not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner.
Halaman 140 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear...