embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trustees

Isaac Fletcher Redfield

Little, Brown, 1866

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Index

17	lxxvii

19	lxxxvii

No one can justify interfereing with the estate except by letters testa	2

Such administrator has for the time all the powers of a general admin	4

8 and a 11 Lineal descendants sometimes held to include those descended	8

Conditions and covenants against alienation do not extend to execu	9

Continuing contracts in the nature of agency terminated by death	10

The executor can only do necessary acts admitting no delay before	11

Abstract of some recent decisions in Pennsylvania	353

Under a bequest to issue all the descendants take per capita and	355

SECTION IV	378

SECTION V	392

Bequests to poor relations may create a charity Mode of carrying into	393

This rule often defeats the intention of the testator	410

The exceptions to the general and unrestricted use of these terms	425

The word jewels is sometimes used in wills in different senses	426

The decisions of the courts of last resort in place of domicile fix suc	15

How land devised subject to a charge which fails is to be disposed	24

SECTION III	26

The law against perpetuities applies to personal estates in succession	27

ViceChancellor Stewarts opinion in favor of immediate vesting	28

Such a trust with one of two or more joint devisees will avoid the	31

What words will include relations by affinity	35

The character of conditions determined by the general intent of tes	36

cession to personalty 906	38

Digest and comment upon the cases upon this point	41

SECTION V	47

396	48

All estates devisable or descendible where there is any present inter	51

Gift of the surplus to donee carries any increase or income	54

CHAPTER III	67

ratt	72

Where no executor probate court appoints administrator with will	84

SECTION V	92

The law of executory devises the same as atcommon law in the Ameri	98

SECTION VIII	100

CHAPTER V	113

SECTION III	122

Or in remainder sometimes	127

397	129

Some act reducing it to the possession of the husband required during	132

SECTION V	135

503	140

THE LAW Of Fixtures AS BETWEEN THE HEIR AND EXECUTOR	143

The executor presumptively entitled to all the personal estate of	154

SECTION IX	161

survive	163

448	179

CHAPTER VI	181

SECTION II	190

REVIVING SUITS BY EXECUTOR OR ADMINISTRATOR	196

The property fraudulently conveyed by the deceased may be inven	203

SECTION II	209

The true rule seems to be that the payment of the money to him	210

PART II	217

552	220

This should be so regulated as fairly to meet the public demand	224

Testator cannot by will defeat legal preferences Liens respected	231

All doubtful estates settled as insolvent	237

400	241

CHAPTER X	249

It would seem that an executor or administrator is not bound by perpet	250

856	254

840	267

Where the husband survives he takes his wifes chattels real as sur	269

691	270

SECTION II	272

The mere continuance of the dealing with or accepting interest of	273

CHAPTER XI	288

A good gift mortis causa of a promissory note should give the donee	296

Definition of the proper grounds of construction relative terms	328

450	330

692	337

struction	340

The later decisions follow the terms of the bequest more strictly	456

Where a specific legacy is charged with the payment of debts it will	457

SECTION VIII	483

Cases where the failure has operated for the benefit of the heir	484

tionary no accumulation	507

290	512

513	514

The subject of less importance here but not wholly unimportant	525

Locality in a bequest may be referred to as a limitation or as a mode	528

291	535

SECTION XIII	536

Instances where it has been or has not been held that general legacies	547

THE EXECUTORS ASSENT TO LEGACIES	558

may become a mere question of	560

293	562

SECTION XVIII	573

ally	581

2 and n 4 But a bequest of things in a particular locality will only carry	582

SECTION XXI	588

same time with the other	590

Inclination to hold all estates vested Old refinements abandoned	591

Distinction between referring to a class and to the individuals com	592

15 and n 70 Attempts to limit the extent of these gifts have not proved	602

SECTION II	642

So also in regard to remoteness and the effect of estate over being void	643

The American cases mantain the same distinctions All the particulars	660

The American cases hold any restraint upon the use or alienation of	661

SECTION IV	687

SECTION V	693

But if the charge be upon the land merely it will not have that effect	701

Where the word heirs is used with reference to the devisee a	702

253 254	708

549	729

SECTION VI	736

761	739

SECTION VII	755

No rule is deducible from the cases	756

Uses solely for benefit of donor or for specific purpose where void	766

Equity will not marshal assets in favor of charity so as to avoid ille	767

Different American states declared the statute of 43 Eliz in force there	768

643	778

Any secret trust on the part of the devisee which is illegal will avoid	787

4 The income of accumulations follow the same rule as the	800

Long contemporaneous usage cannot be disregarded except on clearest	834

The rule against accumulations applies to implied as well as express	837

Where the accumulation directed is illegal bequest takes effect with	843

Illustration of the rule by devise of a reversionary interest	844

CHAPTER XVIII	852

The degree of certainty required to change the legal intendment as	853

By statute in England and New York all estates pass by devise or	876

The rule as laid down in Connecticut and by Mr Justice McLean	880

CHAPTER XX	896

And it cannot be distributed according to the law of the state where the property is and where the distributees reside	901

In Massachusetts advancements must have been so intended c	902

Personalty distributed according to law of domicile realty by lex	906

the father	910

Personal effects held in trust except money not to be inventoried 205	966

Common terms and phrases

accruing adeemed ademption American courts ancillary administration apply appointment assets Beav bequeathed bequest bond Bradf cause of action Chancellor chattels choses in action cited claim construction contingent contract court of equity courts of probate covenant coverture creditors death debts due deceased decree distinction Doe d. v. donatio mortis causa emblements English courts entitled executor or administrator Exrs favor gift granted ground heir held husband intention interest intestate inventory issue Jarman judgment jurisdiction lapse legatee letters testamentary liable limited Lord Lord Eldon marriage mortis causa party payment Penn personal estate personal representative personalty portion possession probate court question real estate regard remainder residuary residue rule seems settled settlement specific legacy statute of distributions sufficient survive survivorship take effect tenant testamentary testator's tion trust unless Vesey vested wife wife's words

Popular passages

Page 365 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.‎

Appears in 461 books from 1830-2006

Page 335 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, and where his words so interpreted are sensible with reference to extrinsic circumstances, it is an inflexible rule of construction that the words of the will shall be interpreted in their strict and primary sense, and in no other, although they may be capable...‎

Appears in 85 books from 1835-2000

Page 724 - When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.‎

Appears in 103 books from 1790-1999

Page 165 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is. such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...‎

Appears in 392 books from 1843-2007

Page 775 - Majesty, and her most noble progenitors, as by sundry other well-disposed persons: some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools, and scholars in universities, some for repair of bridges, ports, havens, causeways, churches, seabanks and highways, some for education and preferment of orphans...‎

Appears in 172 books from 1809-2007

Page 896 - Territory, or any personal property or interest therein, transferred by deed, grant, bargain, sale, or gift, made or intended to take effect in possession or enjoyment after the death of the grantor...‎

Appears in 353 books from 1778-1999

Page 881 - ... exercising reasonable care and diligence, will not be responsible for the failure or depreciation of the fund in which any part of the estate may be invested, or for the insolvency or misconduct of any person who may have possessed it, yet if that line of duty be not strictly pursued, and any part of the property be invested by such personal representative in funds or upon securities not authorized, or be put within the control of persons who ought not to be...‎

Appears in 48 books from 1842-1996

Page 165 - ... and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, ami although the death shall have been caused under such circumstances as amount in law to felony.‎

Appears in 440 books from 1847-2007

Page 897 - ... the person or persons entitled to any beneficial interest in such property...‎

Appears in 137 books from 1856-1966

Page 293 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...‎

Appears in 443 books from 1804-2007

Bibliographic information

Title	embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trustees Part 2 of The Law of Wills, Isaac Fletcher Redfield
Author	Isaac Fletcher Redfield
Edition	2
Publisher	Little, Brown, 1866

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