INDEX.

ABATEMENT,

of legacies, 659-661

what are legacies for purpose of, 659

how the value of annuities calculated, 412, 659, 660
legacies for valuable consideration have priority, 660

legacy in lieu of dower, ib.

legacy to wife to be paid at once, ib.

time of payment creates no priority, ib.

use of words "firstly," "secondly," in introducing legacies,
ib., 661

legacies on supposition of a surplus, 661

realty given subject to legacies abates before them, ib.

between general and residuary legatees, 661-662

legacies have priority over residue, 661

fund set apart to pay annuities, ib.

direction that annuities are to abate, 662
loss of assets falls on residue, ib.

consent by legatees to an appropriation, 388

ABSOLUTE GIFT

where there is, a direction to accumulate beyond majority is invalid
against donee, 493

where there is, conditions postponing enjoyment are void, 506,
507

qualifications of, which are void for remoteness, may be rejected,

487

ABSOLUTE INTEREST IN PERSONALTY, 390-408

what passes an,

words of limitation to pass,

executors, 390

heirs, heirs of the body, 390-392

issue, 392-394

gift of the income of property when it passes, 394, 395

power of disposition, when it gives, 395, 396

effect of subsequent restrictions upon, 396, 397, 541

distinguished from a trust (see TRUST), 398-405

legacies to be applied for legatee's benefit, 405

discretionary trusts (see DISCRETIONARY TRUSTS), 405–408
cannot be given in succession, 519

implication of (see IMPLICATION), 607-610

ACCELERATION

of power of leasing, 380

not affected by Thellusson Act, 494

takes place where the tenant for life is incapable of taking, 647
by revocation or forfeiture, ib.

may alter class to take, ib.

distinction between powers of sale and of charging as regards, ib.
no distinction between devises and appointments as regards, ib.
intention not to accelerate gift in default of appointment, ib.
where remainder is limited after contingent interest, ib.

ACCRUER, 536-538

effect of a clause of, upon vesting, 467

clause of, will not pass accrued shares, 536

intention that accrued are to go with original shares, 536
consolidation of original and accrued shares, ib.

words applicable to accrued shares, 537

his or her share or shares, ib.

share and shares and interest, ib.

where the fund is treated as entire at the period of distribution, ib.
with benefit of survivorship, ib.

gift over of the whole fund, ib.

where the gift is residuary, ib.

restrictions of original do not extend to accrued shares, ib.,

appointment may operate in accrued share, 538
repeated operation of cross limitations, ib., 613

ACCUMULATION, 489-494

of rents from mines may pass with surface, 169

of income of legacies, who entitled to, 153, 154

of past years when applicable to maintenance, 387

trust for, during minorities of tenants in tail void, 479

for payment of debts is valid, ib.

till the fund reaches a certain sum when valid, ib.

trust for, beyond limits of perpetuity is void, 489
effect of the Thellusson Act, ib.

effect of Accumulations Act, 1892, ib., 490

538

property given so as to involve, is within the statute, 490
owing to neglect of trustees to apply money at once is not, ib.
direction to keep up policies on the lives of children is not, ib.
trust to repair and improve is not, ib.

testator may select any one of the periods allowed, ib.

period of twenty-one years runs from the testator's death, ib.
period of minority runs only from the birth of the minor, ib., 491
whether allowable during minority of person not born at testa-
tor's death, 491

beyond the limits of the statute is void pro tanto, ib.

for payment of debts is excepted from the statute, ib.

direction for payment of debts out of annual income, ib.

portions for children of testator or beneficiary are excepted, ib.,

492

what interest the parent must take, 492

what portions are within the exception, ib.

fund to be accumulated and given to children living when accu-
mulation ceases, is not a portion, ib.

nor is fund to be accumulated and given to parent for life, and
then to his children, ib.

to pay portions charged by another instrument, ib.

portions created by the will are within the exception, 493
legatee having vested right may stop at twenty-one, ib.

ACCUMULATION-continued.

direction for, invalid as against charity, ib.

legatee may not stop, where others have an interest in pro-
ceeds, ib.

destination of excessive, ib., 494

the statute does not accelerate any gifts in the will, 494
of non-residuary fund forms part of capital of residue, ib.
excessive, of residue goes to heir or next of kin, ib.

income of, whether it forms part of capital of residue, ib.
title to accumulated fund given over in certain events, ib.

of income during minority of tenant for life, belongs to him, 440
ACKNOWLEDGMENT,

of signature to will, 27, 28

of person as heir, effect of, 277

ACREAGE,

description by, effect of, 101, 182

ACTION FOR ADMINISTRATION (see ADMINISTRATION ACTION).
ACTUAL

gift over before actual payment or receipt, 568
meaning of actual seisin, actual possession, 593

ADDITIONAL LEGACIES (see CUMULATIVE LEGACIES), 122—126,
613, 617

ADDITIONS

made in will, rule as to, 32-34

gift in addition to non-existing gift, 613

made to gift in mistake as to fact, 617

ADEMPTION,

by sale before date of will, 110

effect of subsequent repurchase, ib., 111

confirmation by codicil, 111

by subsequent dealings with property given by the will, 127—

130

whether specific legacy must be subject to, 115

by the act of the testator, 127

by conversion through a properly constituted authority, ib.

by vis major, 128

effect of a mere transfer from trustees, ib.

a formal change, ib.

receipt by the testator of share under former will,
ib., 129

a change of security, 129

of fund subject to power, ib.

effect of confirmation of will on adeemed legacy, ib.

gift of a debt adeemed by receipt, ib.

whether a fresh debt will pass, ib.

of a gift of things in a house, 130

when removal is material, ib.

whether temporary removal will work, ib.

by change of interest, 130-132

of lease by purchase of fee, 130, 131

section 23 of the Wills Act does not apply to cases of, 614
See CONVERSION, 209-219

of legacies by subsequent advances, 631-634
distinguished from satisfaction, 624-625
testator must be in loco parentis, 632

ADEMPTION-continued.

advance of less amount adeems pro tanto, ib.
how the value of the advance is estimated, ib.

gift of residue may be adeemed, ib.

small advances for special purposes will not adeem, ib.
how the presumption of, is rebutted, ib., 633

gift of residue adeemed by share of business, 633

legacy adeemed by settlement, ib.

advance to child will not adeem substitutional gift to issue, ib.
advance to husband for purposes of the marriage, ib.

whether ademption affects executory gifts over, ib., 634
adeemed legacy not revived by codicil, ib.

advances made before the will, ib.

of legacies given to strangers for a purpose, ib.
by express directions (see HOTCHPOT CLAUSES), 634-637

of charitable gifts, 309, 310

of assets, 656-679; see ASSETS, CHARGE, EXONERATION,
SHALLING, COSTS.

AFTER-ACQUIRED LANDS,

what is an intention to dispose of, before the Wills Act, 95

when specific devise includes, 104-106

when specific legacy includes, 114, 115

effect of general devise on, 179

AFTER-BORN CHILDREN,

rules as to, when illegitimate, 245, 246
when gift to children excludes, 248

MAR-