Probate Reports Annotated: Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law : with Notes and ReferencesFrank Sumner Rice, William Lawrence Clark Baker, Voorhis, 1904 |
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Common terms and phrases
action administratrix affirmed alleged amount appeal appellee appointed assets attorney bank beneficiary bequeath bequest bill charge Charles Charles Henry Hart Circuit Court claim clause codicil contest contract costs counsel court of equity creditors death debts deceased decedent decree deed defendant devise direct distribution dower effect entitled equity error evidence executed facts favor fee simple filed gift heirs held Hugh Kirkpatrick husband income intention interest intestate issue James John Judge judgment jurisdiction jury land legacies legatees liable Marquell ment mother paid parties payment personal property petition petitioner plaintiff plaintiff in error Pope county Probate Court proceeding provisions question real estate residuary Robinson rule share statute statute of limitations Supreme Court testamentary testamentary capacity testator's testatrix testified testimony therein thereof tion trust fund undue influence verdict vested widow wife witness words
Popular passages
Page 588 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 670 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 20 - In the absence of a trustee; the principle being that equity will not permit a trust to fail for want of a trustee.
Page 474 - All the rest and residue of my estate I give, devise, and bequeath to the city of Winchester, Virginia, to be accumulated by said city for the period of twenty years.
Page 615 - That doctrine is founded on the principle that equity regards that as done which ought to have been done, and the nature of the property is considered as changed for the purposes of the will.
Page 503 - All deeds, mortgages and other instruments of writing which are required to be recorded, shall take effect and be in force from and after the time of delivering the same to the register of deeds for record, and not before, as to all creditors and subsequent purchasers in good faith without notice ; and all such deeds, mortgages and other instruments shall be adjudged void as to all such creditors and subsequent purchasers without notice...
Page 420 - Every such action shall be brought by and in the names of the personal representatives of such deceased person ; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Page 441 - In any action or other proceeding against a trustee or any person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy...
Page 369 - ... when applied to judicial proceedings. They then mean a course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the protection and enforcement of private rights.
Page 705 - ... at the time of the death of the testator, such devise 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.