A Treatise on the American Law of Administration, Volume 2

Front Cover
Little, Brown, 1899 - 1501 pages
 

Contents

Personal and Real Assets 658
695
CHAPTER XXXIII
697
Within what Time the Inventory must be filed 661
698
What Property must be inventoried 664
701
Details of the Inventory 667
704
Indication of the Value of Assets 668
705
675
712
Summary Proceedings to recover Assets
719
326 Compounding with Debtors
725
Transfer of Property by the Executor or Administrator
747
CHAPTER XXXVI
768
OF THE PRIVITY AMONG EXECUTORS OR ADMINISTRATORS
793
Remedies in Protection of Coadministrators against Liability for
799
Succession in the Administration
805
Privity between Successive Administrators
811
PART FIRST
817
Extent of Allowance for Funeral Expenses out of Insolvent Estates
826
Simple Contract Debts
845
794
857
OF THE SYSTEM OF PAYING DEBTS OF DECEASED PERSONS
864
CHAPTER XLII
879
From what Period the Will speaks in Respect of the Testators In tention
888
Claims of Executors and Administrators
891
Setoffs in Probate Courts and Parties as Witnesses
898
CHAPTER XLIII
911
CHAPTER XLV
941
TITLE SIXTH
948
Extrinsic Evidence in Aid of Construction 891
972
Testamentary Donees as Classes 895
977
Classes designated by Technical Terms 899
982
CHAPTER XLVII
991
Gifts prohibited by the Statute of Mortmain 909
994
Corporations as Testamentary Donees 911
996
Rule against Perpetuities 914
1000
Accumulation of the Income 917
1003
Gifts to Charitable Uses 919
1005
What constitutes a Charitable Gift in the Legal Sense 925
1012
Validity of the English Statute of Charitable Uses in America 928
1015
The Doctrine of Cy Près 929
1017
Gifts of Benevolence or Private Charity 932
1019
PART SECOND OF CARRYING WILLS INTO EFFECT CHAPTER XLVIII
1022
Statutory Exceptions in Favor of Representatives of Deceased
1024
Legatees 938
1025
The Doctrine of Lapse as affected by the Contingent or Vested Char acter of the Devise or Legacy 941
1028
Devolution of Void and Lapsed Devises and Legacies 943
1030
The Devolution of Void and Lapsed Devises and Legacies as affected by Statutes 945
1032
Remainders and Executory Devises and Bequests 947
1034
Devises and Legacies on Condition 951
1039
Admissibility of Parol Evidence on Questions of Ademption 979
1068
Statutory Provisions affecting Ademption or Satisfaction of Legacies 982
1070
CHAPTER XLIX
1072
Order in which Legacies abate 985
1073
Executors Assent to Devises and Legacies 990
1078
Time for Paying or Delivering Legacies 994
1082
Time for Paying Legacies fixed by Statutes 996
1085
Payment of Bequests for Life with Remainder over 998
1087
Relative Rights of Life Tenants and Remaindermen to Dividends
1092
of Stock 1003
1093
Interest on Legacies 1005
1095
Interest when Time of Payment is fixed by the Will 1008
1098
Persons competent to receive Payment of Legacies 1011
1101
The Doctrine of Election 1015
1105
Payment of the Residue 1017
1108
TITLE SEVENTH OF THE APPLICATION OF THE ASSETS FOR THE PAY MENT OF DEBTS AND LEGACIES PART FIRST OF THE LIABILI...
1111
Nature of the Power to sell Real Estate for the Payment of Debts 1020
1114
Within what time Application may be made 1024
1117
Notice of the Application to Heirs and Devisees 1029
1123
Who may appear and what may be shown against the Application 1031
1126
1035
1135
What Interest of the Decedent in Lands may be ordered to be sold 1042
1141
CHAPTER LI
1147
CHAPTER LII
1166
PART SECOND
1190
Effect of Devise of Rents and Profits
1201
TITLE EIGHTH
1215
CHAPTER LV
1235
CHAPTER LVI
1246
Costs including Probate and establishing the Right to administer
1252
CHAPTER LVII
1265
Compensation allowed in the Absence of Statutory Provision
1271
Compensation of Joint Executors or Administrators
1278
Credit for Commissions in the Administration Account
1284
Accounting for Assets received in Foreign Jurisdiction
1291
Judgment on the Adjudication of the Account
1297
How Appeal is taken
1309
OF THE CLOSE OF THE ADMINISTRATION
1319
CHAPTER LXI
1337
Rights of Assignees of Distributees
1347
Voluntary Distribution
1356
Enforcing the Order to pay Legacies and Distributive Shares
1364
OF THE ESTATE AFTER OFFICIAL ADMINISTRATION
1372
CHAPTER LXIII
1380
843
1401
730
1424
Powers vested in Devisee of a Life Estate
1438

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Common terms and phrases

Popular passages

Page 1005 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their...
Page 1013 - Queen's most excellent 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...
Page 833 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Page 1002 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Page 1232 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Page 971 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 786 - Such a blending of real and personal estate by the testator in his will as to clearly show that he intended to create a fund out of both real and personal estate, and to bequeath the said fund as money.
Page 1070 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Page 1004 - ... 1. If such accumulation be directed to commence on the creation of the estate out of which the rents and profits are to arise, it must be made for the benefit of one or more minors then in being, and terminate at or before the expiration of their minority.
Page 951 - Interpretation differs from construction in that the former is the art of finding out the true sense of any -form of words ; that is, the sense which their author intended to convey ; and of enabling others to derive from them the same idea which the author intended to convey.

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