CHILDREN-continued. gift to the children of A. and B., 241 a certain number of children when there are more, ib., 242, when the class is ascertained (see CLASS WHEN ASCERTAINED), 243— 251 effect of words of futurity upon the ascertainment of the class, 251 CHOSES IN ACTION, without leaving, ib. unmarried and without, 528 whether they pass as things in a locality, 150, 151, 160 CHURCH, gift to build a, 312 CLASS, gift to, right to income, 137 one of a, 219 devise to a, in tail, whether they take jointly or successively, 314 what is a gift to a, 607 gift to persons "before named," ib. five daughters of A., ib. executors "herein-named," ib. a class and an individual, ib., 608 CLASS WHEN ASCERTAINED, when the gift is to younger children, 221, 222 when the gift is to younger children upon a contingency, ib. when the eldest son is to be ascertained, 224 in gifts to children, 242-252 immediate gift or devise, 242, 243 contingent remainder, 244 copyholds, 245 effect of recent statute, ib. equitable remainder, ib. gift of reversionary property, ib. to be paid at twenty-one, ib. of maintenance out of vested shares, 247 child en ventre admitted, 249 conceived before but born after marriage, ib. in the case of gifts to issue, 262 when the gift is substitutional, ib. in remainder, ib. ! CLASS WHEN ASCERTAINED-continued. the class is ascertained at the death of the propositus, 264 in the case of gifts to next of kin or heirs, 280-283 same rules apply to realty, personalty, and a mixed fund, 280 exception of persons who could only be next of kin if the tenant for next of kin of a deceased person when the tenant for life is sole next same rules apply in the case of executory gifts, ib., 282 when the gift is to nearest of kin of my family or relations, ib. effect of words of futurity upon the rule, 282, 283 in the case of substitutional gifts, 500, 501 CLEAR SUM, gifts to survivors (see SURVIVORS), 511-516 gift of, whether free from legacy duty, 143 CODICIL, revocation of will by, 42-44, 576, 578, 579 See In bonis Stedman, 29 W. R. 743. COLLATERAL HEIR, devise to, in default of heirs, creates an estate tail, 324 COLLEGE, devise to, 310, 311 COMMON, TENANCY IN, what creates (see JOINT TENANCY), 320—322 CONCURRENT AND SUCCESSIVE INTERESTS, 314-317 of original apply to substituted legacy, 117, 118 from trusts, 382, 398 from limitations, 398 devise subject to a proviso, 399 estate of trustees to preserve, ib. general test of. precedent, ib., 400 involving consideration, ib. requiring time for their performance, ib. precedent must be fulfilled whether impossible, impolitic, or illegal, 400 discharged by testator, ib. contra bonos mores void in personalty, ib. See VESTING, 400-406 subsequent, 450-471 impossible, impolitic, or illegal, are ineffectual, 450 whether a gift over is material, ib. marriage with consent of several persons becomes impossible by death of any, ib. not performed through ignorance take effect, 451 unless the devisee is heir, ib. forfeiting a legacy if not claimed within a given time, ib. what amounts to a claim, ib. whether effectual without gift over in realty, ib. CONDITIONS-continued. whether personalty follows the same rules, 451, 452 of residence must be clearly defined, ib. not to dispute a will are valid, ib. not to institute legal proceedings, ib., 453 to require bonds not to marry, 453 in restraint of marriage, 453-457 applies to lawful marriage, 453 imposed on devisees for life or in fee are valid, ib. bad in case of personalty, ib. same rule applies to a mixed fund, ib. whether same rule applies to legacy out of proceeds of sale of limitation till marriage is good, ib. in partial restraint of marriage are good, 454 restraining widow or widower from marrying, ib. requiring marriage with consent, ib. See In re Brown's Trusts, 29 W. R. 604. doctrine of, in terrorem, to what conditions it applies, 454, 455 conditions in partial restraint of marriage, ib. effect of a gift over, ib. whether the doctrine applies to conditions precedent, ib. waiver of, by the testator, ib., 456 whether second marriage with consent fulfils condition requiring con- sent, ib. performance of, requiring consent, ib. consent of several persons, ib., 457 of guardian not discharged by death of guardian appointed by the apportionment of condition, 457 right of pre-emption within given time, ib. requiring a release within a given time, 458 repugnant, 458-471 general restraints upon alienation are bad, 458 partial restraints upon alienation are valid, 459 whether restraint upon alienation by any particular assurance is good, ib. direction not to raise rents, ib. gift over of personalty on alienation, ib. gift over on alienation before certain time, ib., 460 before period of distribution, 460 gift over if legatee dies intestate, ib. if prior gift is void at law, ib. condition not to bar entail, ib. estate tail cannot be determined in part, 461 directed to cease as if tenant in tail were dead, ib. absolute interest directed to cease as if donee were dead, ib. life interest must be subject to bankruptcy law, ib. life interest may be determined on bankruptcy, 462 distinction between limitations and conditions is immaterial, ib. effect of gift over upon bankruptcy for the maintenance of the bank. CONDITIONS-continued. whether bankruptcy determines a power of appointing to children, 463 alienation, what it includes, ib. insolvency, meaning of, ib. gift over upon bankruptcy, whether it includes subsisting bank- effect of annulment of bankruptcy, 465 bankruptcy during prior life estate, ib., 466 what words create a separate use, 466-468 corpus as well as income may be given to, 466 separate, own use, proper hands, 467 own disposal, where the legatee is married, ib. gift for maintenance, 468 word "sole" does not primâ facie create separate use, ib. what words create a restraint upon anticipation, 469-471 CONSENT, corpus, ib., 470 the restraint determines with coverture, 470 whether the restraint upon anticipation imposed upon the exercise effect of words, in restraining large words, 183 CONSTRUCTIVE TRUST, whether it passes under general words, 169, 170 CONSUMABLE ARTICLES cannot be given in succession, 472 CONTINGENCY, gift upon, must be literally fulfilled, 404 importing no more than determination of prior estates, ib., 405 not imported into gift to a single child, 410 reflected back into constitution of original class, ib., 411 gift to a class upon a, contingency when imported into the constitution of the class, 421, 422 where it runs through a series of limitations, 477, 478 where events which happen include named events, 481-483 gift over upon death treated as, 483-485 coupled with, 485-490 attaching to original not extended to substitutional legatees, 498, 499 CONTINGENT GIFT, when it carries income, 133-137 interest on, 139, 140 CONTINGENT POWER, execution of, 179 CONTINGENT REMAINDERS (see VESTING), 400—406 trustees to preserve, what estate they take, 350, 351 CONTINGENT WILL, 11, 12 CONTRACT FOR SALE, effect of, on devise, 204, 205 on devise of trust estates, 169, 170 CONVERSION, 192-206 what effects, 192-194 direction to consider land personalty, 192 direction to divide, ib. power to convert, ib. conversion upon request, 193 power to continue securities, ib. discretion controlled by general intention, ib., 194 by subsequent limitation, 194 whether directed for all purposes of the will, 194–197 direction that realty should form part of personalty, 194, 195 whether residuary bequest passes proceeds of sale of realty, ib. absolute direction to sell, ib. mixed fund to be converted, 196 when the personalty and proceeds of sale of realty are treated as who is entitled to property to be converted but undisposed of, 197, 198 heir at law and next of kin are entitled, 197 direction that proceeds of sale of realty are to be part of the personal estate, ib. declaration that the proceeds of sale shall not lapse for the benefit of the heir, ib. surplus of sale of realty directed to be personal estate and given to the executors, ib. money to be laid out in land results for next of kin, 198 how the heir and next of kin take property directed to be converted, 198, 199 where it fails partially, ib. where realty is directed to be converted and charged with debts, ib., 199 personalty to be laid out in land goes to next of kin as land, ib. as between tenant for life and remainderman, 199–203 wasting property must be converted, 199 reversionary property, 199 specific enjoyment, what entitles the tenant for life, 200 when the interest of successive takers are not opposed, ib. discretion to convert, ib., 201 power to retain, 201 gift of enumerated things, 201, 202 a pure residue, 202 rents and profits when there are only leaseholds, ib. |