A Treatise on the American Law of Administration, Volume 1

John Gabriel Woerner

Little, Brown, 1899 - 1501 halaman

Pratinjau buku ini »

Dari dalam buku

Halaman terpilih

Halaman Judul

Daftar Isi

Indeks

Isi

TABLE OF CASES CITED	xxxv

The Liability of one Coexecutor or Coadministrator for the Acts	xxxvii

How Purchasers are affected by the Rule of Caveat Emptor	xxxviii

CHAPTER	xliii

Remedies in Protection of Coadministrators against Liability for	xlv

Special Limitation of Time to establish Claims against Estates	xcix

Administrators	cxxxvi

INTRODUCTION	1

286	358

Priority of Debts at Common	364

Method of Procedure in Probate Courts	365

344	376

CHAPTER XVII	384

Allowance or Rejection of Claims by the Administrator	390

Validity of voluntary Payment to Foreign Administrator	391

Liabilities of Foreign Administrators	399

The Law as the Rational Will of the Owner	7

OF THE PAYMENT OF DEBTS BY EXECUTORS	8

OF THE DUTIES OF THE PERSONAL REPRESENTATIVE	9

OF THE DUTIES OF EXECUTORS AND ADMINISTRATORS IN RESPECT	11

OF THE DEVOLUTION OF PROPERTY ON THE DEATH	17

CHAPTER IV	30

FORM EXECUTION AND ATTESTATION OF WILLS Star Page 36 Absolute and Conditional Wills	55

Joint and Mutual Wills	56

General Rules as to the Form of Wills	61

The Signature	66

Competency of Attesting Witnesses	75

Wills valid as to Personal but not as to Real Property	81

Holographic Wills	82

Nuncupative Wills	83

Statutory Regulations in respect of Nuncupative Wills	85

Wills of Soldiers and Mariners	88

Codicils	89

CHAPTER VI	91

Partial Revocation by Cancelling Obliterating	96

Revocation by Subsequent Will	99

Effect of Subsequent upon Prior Will	100

Revival of a Prior by the Revocation of a Later Will	102

Revocation by Inconsistent Disposition of the Testamentary Gift	105

Revocation by Marriage	108

Revocation by Marriage and Birth of Issue under English and Ameri	110

can Statutes	111

Republication of Wills	117

BOOK SECOND OF GIFTS EXECUTED IN ANTICIPATION OF IMMEDIATE DEATH CHAPTER VII	119

Definitions of the Term	120

By whom to whom and of what a Donatio Mortis Causa may be made	121

CHAPTER XXXVIII	126

Revocability of Gifts Mortis Causa	129

Liability of Gifts Mortis Causa to Creditors and Family of the Donor	130

PART SECOND OF THE DEVOLUTION BY OPERATION OF LAW CHAPTER VIII	134

The Surviving Husband as Heir	139

The Widow as Heiress	143

The Father as Heir	145

The Mother as Heiress Adopted Children DESCENT AND DISTRIBUTION OF PROPERTY OF INTESTATES Star Page	147

Nature and Origin of the Rules of Descent and Distribution 65 Rights of Children 130 132 133 134 137 139 141	150

Brothers and Sisters Heirs of the Full and of the Half Blood 71 Descendants taking by Representation	157

Computation of the Next of	159

Devolution of Ancestral Estates	163

Posthumous Children	164

Illegitimate Children	166

Descent from to or through Aliens	169

CHAPTER IX	171

OF THE COMMON LAW SYSTEM OF PAYING DEBTS	172

Statutory Provisions touching the Extent and Mode of the Allowance	173

Rules governing the Amount of the Allowance	175

To what Extent Liberality should govern the Court	177

Cases illustrative of the Amount of Allowance deemed reasonable	178

The Allowance in Testate Estates	181

How affected by Marriage Settlements	184

How affected by Liens or Preferred Debts of the Decedent	186

When the Allowance takes Effect	188

Allowance to the Children alone	197

Out of what Property to be allowed	198

Time and Procedure to obtain the Allowance	200

Additional Allowances	205

CHAPTER X	207

What Tenement constitutes the Homestead descending	214

Homestead Rights of the Widow	219

The Homestead as affected by the Widows Dower	222

The Widows Right to sell the Homestead	223

Homestead Rights of Minor Children Star Page 194 198	225

Homestead Rights of Widow and Children as affected by Incumbrances 209	227

Homestead Rights as affected by Inconsistent Disposition of the Es tate by the Deceased Owner	229

Homestead Rights as affected by Administration	231

Procedure in Probate Courts in setting out Homestead	233

The Rights and Burdens connected with the Enjoyment of the Home stead 212 213 215	235

CHAPTER XI	237

Dower under the Statutes of the several States	238

Marriage as a Requisite to Dower	243

Alienage as Barring the Dower Right 218 219 222 225 Widow	244

Misconduct of the Wife as a Bar to her Dower	245

What Property is subject to Dower	249

Inchoate Dower	262

182	264

185	267

The Wifes Relinquishment of Dower	269

Dower Consummate before Assignment	273

186	274

Quarantine of Dower	277

188	279

AnteNuptial Contracts as affecting Dower	283

191	287

248	288

266	293

Dower as affected by the Statute of Limitations and by Estoppel 273	294

Estate by the Curtesy	297

Community Property	299

CHAPTER XII	302

When Property becomes Assets	304

Dissolution of the Partnership by the Death of one of its Members 124 Powers and Liabilities of Surviving Partners	305

Remedies of Partnership Creditors in Equity	308

281	310

Within what Time the Inventory must be filed	316

CHAPTER XIII	326

283	332

TITLE SECOND	336

OF THE APPLICATION OF THE ASSETS FOR THE PAY	342

NATURE OF PROBATE COURTS IN AMERICA	344

357 Funeral Expenses allowable as Incidental to the Administration	357

Application of the Statute of NonClaim or Special Limitation	402

Real Estate governed by the Lex Rei Sita	406

OF THE OFFICE OF EXECUTORS AND ADMINISTRATORS	408

CHAPTER XIX	421

OF THE PRIVITY AMONG EXECUTORS OR ADMINISTRATORS	424

TITLE THIRD	438

Definition	444

Ademption of Legacies given as Portions	446

346 Power of Coexecutors to bind each other by Acts of Administration 733	447

Nature of the Liability of Executors de son Tort	450

Validity of the Title acquired by an Alienee from an Executor de son Tort 426	456

Interest when Time of Payment is fixed by the Will	459

Details of the Inventory	467

PART SECOND	469

Proof of the Insufficiency of the Personalty	470

Application of the Proceeds	481

CHAPTER XXIV	488

Production of the Will for Probate	489

Order of the Application of Funds Liable to the Payment of Debts 1093	490

Validity of Probate in Probate Courts	495

Marshalling Assets among Creditors Legatees Devisees Heirs	496

Method of Proof in Common Form	497

The Probate in Solemn Form	498

Proof when the Testimony of Subscribing Witnesses cannot be obtained 474	501

Proof of the Testators Sanity	503

Exclusive and Concurrent Jurisdiction over Administration Accounts 1122	504

Proof of Lost Wills	507

Probate of Wills in Part and in Fac Simile	509

Probate of Holographic Wills	513

Proof of Nuncupative Wills	514

Admissibility of Declarations as Evidence in the Probate of Wills	515

Wills proved in a Foreign Jurisdiction	519

Revocation of Probate Contest of Probate	522

CHAPTER LVII	524

Effect of the Probate 476	531

CHAPTER XXV	532

How the Executor is constituted	533

Residence as a Qualification to the Office of Executor	534

Infancy as a Disqualification	535

Coverture as a Disqualification to the Office of Executrix	536

Mental Incapacity Immorality and other Disqualifications	537

Acceptance or Refusal of the Office of Executor 503 505 506 506 507 510	539

Treatment of the Subject	542

CHAPTER XXVI	544

The Husbands Right to Appointment	546

The Widows Right to Appointment 519	547

Right of Next of Kin to the Appointment 521 239 Right of Creditors to Appointment 522	550

Duty of Probate Courts to order Distribution	551

Right of the Public Administrator to the Administration	552

Disqualifications excluding from the Right to Appointment 523 524	553

Considerations governing the Discretion	556

Computation of the Value of Advancements	557

Renunciation of the Right to administer	559

Effect of Renunciation or Waiver	561

Administrators cum Testamento annexo	563

Administrators of Estates of NonResidents 247 Administrators de Bonis	566

Administrators with Limited Powers	567

Indication of the Value of Assets	569

CHAPTER XXXIV	591

527	591

530	591

532	591

534	591

536	591

537	591

538	591

OF THE ADMINISTRATION BOND	591

When Additional Bond may be ordered	573

Technical Execution of the Bond	573

Joint or Separate Bonds	573

CHAPTER XXIX	599

PART THIRD OF THE PROPERTY TO WHICH THE TITLE OF EXECUTORS AND ADMINISTRATORS EXTENDS	620

CHAPTER XXX	622

Chattels Real 593	624

Mortgages 595	625

Chattels Animate 596	627

Emblements 598	628

Fixtures as between the Heir and the Personal Representative 600	631

Modern Statement of the Rule 602	633

568	635

Fixtures as between Personal Representatives of Life Tenant and Remainderman 605	636

Separate Property of the Wife 606	637

Antenuptial and Postnuptial Settlements 608	639

The Wifes Savings from Separate Trade Pinmoney Gifts etc 611	641

The Wifes Paraphernalia 613	643

CHAPTER XLVII	644

CHAPTER XXXI	645

Reason of the Rule 616	646

American Statutes regulating the Survival of Actions 618	647

Actions for Injuries to Property 620	650

569	652

Actions for Injuries resulting in Death 626	656

Duties of Administrators to take Estate into Possession	658

570	659

Property conveyed by Decedent in Fraud of Creditors 630	661

Annuities and Rent Charges 633	664

Apprentices and Servants 633	665

Copyrights and Patents 634	666

584	667

Rents 636	668

The Wifes Choses in Action 638	670

Actions accruing to the Representative officially or individually 643	673

Bagian yang populer

Halaman 72 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.‎

Muncul dalam 147 buku dari 1829-1999

Halaman 108 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.‎

Muncul dalam 464 buku dari 1819-2007

Halaman 44 - To make a good will, a man must be a free agent. But all influences are not unlawful. Persuasion, appeals to the affections or ties of kindred, to a sentiment of gratitude for past services, or pity for future destitution, or the like, — these are all legitimate, and may be fairly pressed on a testator. On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint...‎

Muncul dalam 77 buku dari 1852-2006

Halaman 190 - Webster, is a collective body of persons who live in one house and under one head or manager; a household, including parents, children and servants, and, as the case may be, lodgers or boarders.‎

Muncul dalam 104 buku dari 1854-2006

Halaman 479 - But suppose administration to be granted on the estate of a person not really dead ? The act, all will admit, is totally void. Yet the ordinary must always inquire and decide whether the person whose estate is to be committed to the care of others be dead or in life.‎

Muncul dalam 36 buku dari 1835-1966

Halaman 297 - Upon the death of the husband, onehalf of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband...‎

Muncul dalam 85 buku dari 1876-1992

Halaman 109 - In all cases, the marriage of the testator, total divorce or the birth of a child to him, subsequent to the making of a will in which no provision is made in contemplation of such an event, shall be a revocation of the will.‎

Muncul dalam 34 buku dari 1851-1979

Halaman 243 - Any woman who might lawfully be naturalized under the existing laws, married, or who shall be married, to a citizen of the United States, shall be deemed and taken to be a citizen.‎

Muncul dalam 132 buku dari 1847-2004

Halaman 133 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.‎

Muncul dalam 157 buku dari 1870-2007

Halaman 446 - Thou shalt not see thy brother's ox or his sheep go astray, and hide thyself from them : thou shalt in any case bring them again unto thy brother.‎

Muncul dalam 205 buku dari 1802-2007

Informasi bibliografi

Judul	A Treatise on the American Law of Administration, Volume 1 A Treatise on the American Law of Administration, John Gabriel Woerner
Pengarang	John Gabriel Woerner
Edisi	2
Penerbit	Little, Brown, 1899
Tebal	1501 halaman

Ekspor Kutipan	BiBTeX EndNote RefMan

Tentang Google Buku - Kebijakan Privasi - Persyaratan Layanan - Informasi untuk Penerbit - Laporkan masalah - Bantuan - Beranda Google

Buku

A Treatise on the American Law of Administration, Volume 1

Dari dalam buku

Halaman terpilih

Isi

Istilah dan frasa umum

Bagian yang populer

Informasi bibliografi