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Administrator De Bonis Non
Administrator De Bonis Non. An Administrator "de Bonis Non," As The Name Im Plies, Is Appointed To Complete The Work Of A Former Administrator. Such An Officer Whether Appointed In A Testate Or Intestate Estate, Has All The Rights And Powers And Is Subject To All The Responsibilities Of An ...

Administrator With The Will
Administrator With The Will Annexed. The Powers And Duties Of An Administrator With The Will Annexed Is Substantially Those Of An Executor, Except That Special Commissions, Trusts, Or Powers Conferred By The Will Upon The Orig Inal Executor, And Which Imply A Personal Confidence In The Executor Named, Will Not ...

After Probate The Will
After Probate The Will Is Carried Into Effect By The Executor. When The Will Has Been Properly Established By Pro Bate, Or On Contest, Its Execution Is Committed To The Executor Therein Named, Or If None Be Named, Or The One Named Will Not Accept, Its Execution Is Then Com ...

And How Who May
Who May Sign For Testator, And How. As A Rule, In The Absence Of Statutory Restrictions, Anyone May Sign A Will By Express Direction Of Testator, Including Sub Scribing Witnesses And Beneficiaries Under The Will. The Proper Form Of Such Signature Should Be The Full Name Of The Testator, And ...

And What Instruments Should
What Instruments Should Be Probated, And When? All Instruments Of A Testamentary Character Should Be Probated, And This Is True Though The Instrument To Be Probated Is Valid In Part, And Invalid In Part. In The Absence Of Statutory Limitations A Will May Be Admitted To Probate At Any Time ...

Attestation And Subscrip Tion
Attestation And Subscrip Tion By Witnesses. I He Statutes Of All The States, With Substantial Uniformity, Require That The Will Shall Be Attested And Subscribed In The Testator's Presence By Two Or More Competent Witnesses. But Where The Statutes Do Not Require This, A Will Need Not Be Attested Or ...

Authorities On The Law
Authorities On The Law Of Wills. Among Many Books And Treatises On The Law Of Wills Are The Following: "a Treatise On Wills," By Thomas Jarman, An English Writer, In Three Volumes, Which Has Reached Its Gth American Edition. This Is A Very Valuable And Exhaustive Work; Redfield's Law Of ...

Burden Of Proof
Burden Of Proof. The Burden Of Proving Undue Influence Rests, Usually, Upon Him Who Alleges It. But Where The Parties Stand In Fiduciary Relations, Or The Draughtsman Is The Beneficiary, And It Appears That Such Beneficiary Was Active In Procuring The Will, The Burden Of Proving That It Was The ...

Classes Of Devises And
Classes Of Devises And Leg Acies. Legacies And Devises Are Divided Into Three Classes, Namely, General, Specific And Demonstrative. 1. A General Legacy Or Devise Is One Which May Be Satisfied From Any Part Of The Testator's Property Or Money, And Which Does Not Specify The Property Or Fund From ...

Codicil De Fined
Codicil De Fined. A "codicil" Is A Supplement, Or Addition To A Will, Made After The Will And Designed To Alter Or Add To It. It May Or May Not Be A Separate Instrument. ...

Codicils Defined And
Codicils Defined And A Codicil Is Some Addition To, Or Qualifi Cation Of, A Will. It Requires The Same Capacity, Must Be Executed With The Same Formalities, And Is Gov Erned By The Same Rules, As The Will Of Which It Forms A Part. A Codicil May Add To, Subtract ...

Concerning The Collection And
Concerning The Collection And Possession Of Assets. It Is The Right And Duty Of The Officer To Collect And Take Into His Possession All The Assets Be Longing To The Estate Which Come To His Knowledge. And His Right During The Settlement Of The Estate Is Superior To That Of ...

Concerning The Liability Of
Concerning The Liability Of The Officer. The Liability Of The Officer, As Such, May Arise, (a) From The Acts Of The Deceased, Or (b) From His Own Acts. (a) Extent Of Liability For Acts Of Deceased. To The Extent Of The Assets The Officer Is Liable For All The Debts ...

Concerning The Management Of
Concerning The Management Of The Estate. The Statutes Require That The Officer In Dealing With The As Sets Of The Estates Shall Act In Good Faith, And Shall Exercise That Degree Of Care, Skill And Diligence Which Men Ordinarily Bestow In The Management Of Their Own Affairs. If He Fails ...

Concerning The Payment Of
Concerning The Payment Of Debts And Legacies. It Is The Primary Duty Of The Officer To Pay Out Of The Assets, The Legal Charges Against The Estate. Before The Claims Of The General Creditors Can Be Considered There Are Usually Three Classes Of Claims Given Precedence By Statute, These Are ...

Construction Of At The
Construction Of "at The End Thereof." Where These Statutes Require That The Will Shall Be Signed At The End Thereof The Question Arises, What Is To Be Considered The End? And It Is Held That The Signature Tnay Be Be Fore Or After The Attestation Clause And Be Valid, Since ...

Contingent Wills
Contingent Wills. Whether An Instrument Shall Operate As A Will, Or Not, May Be Made To Depend Upon A Contin Gency Or Condition. When This Is The Case It Is Called A Contingent Will. One Of The Most Common Forms Of Contingent Wills Are Those Made By Persons About To ...

Contracts To Leave Prop
Contracts To Leave Prop Erty By Will Considered. Where•a Testator Has Made A Contract In His Life Time, Upon A Valid Con Sideration To Dispose Of His Property In Part Or In Whole, According To The Terms Of Said Contract, The Question Arises To What Extent Will Such Contract Affect ...

Corporations
Corporations. Under The Early English Law A Corporation Might Take Real Or Personal Property By Will, But Later Under The Statute Of Mortmain, And Until The Statute Of Wills Of I. Vict, Corporations Could Not Take Real Property By Devise. This Statute Of Mortmain Has Never Prevailed In This Country ...

Definitions
Definitions. A "will," Or "last Will And Testament," Is A Solemn Disposition Of One's Property In The Form Prescribed By Law, And Which, Though Made While Living, Does Not Take Effect Until The Death Of The Maker. Blackstone's Definition Of A Will, "the Legal Declara Tim Of A Man's Intentions, ...

Descent And Distribution Part
Descent And Distribution Part Of The Law Of Succession After Death. The Law Of Descent And Distribution, As We Have Seen (sec. 922), Is A Part Of The General Sub Ject Of The Law Of Succession After Death, The Statutes Of Descent And Distribution Being, The Legal Distribu Tion Of ...

Disabilities As Regards Age
Disabilities As Regards Age. Nonage, Or Lack Of Capacity To Make A Will Be Cause Of Immature Age, Has Been One Of The Disabil Ities Common To All Legal Systems. Under The Early English Ecclesiastical Law A Will Of Personal Property Could Be Made By Males At The Age Of ...

Disabilities Of Mind Or
Disabilities Of Mind Or Incapacity From Unsound Mind. In Or Der To Make A Valid Will, The Testator Must At The Time Of Making It, Be Of Sound Mind. No Inflexible Rule Can Be Laid Down For The Determination, In Every Case, Of What Constitutes "sound Mind." The Term "sound ...

Duties And Lia Bilities
The Rights, Duties And Lia Bilities Of Executors And Adminis Trators. The First Duty Of The Officer Is To Gather Together And Take Into His Possession Such Of The Prop Erty Of The Deceased As Passes To The Representative. This Property Is Termed The Assets Of The Estate. 1. The ...

Effect Of Birth Of
Effect Of Birth Of Child Upon Previous Will. As A Rule, State Statutes Provide : I. That The Birth Of A Child To Testator, Revokes Any Will Previously Made, Unless Such Child Is Provided For, Or Intentionally Ex Cluded By The Provisions Of Such Will. 2. That Where Testator Has ...

Effect Of Statutory Requirements
Effect Of Statutory Requirements As To Age. The State Statutes Fixing The Age Of Capacity To Make A Will Always Control Whenever This Question Arises. The Statutes, Therefore, Should Always Be Consulted In Determining The Age Of Capacity. A Person Is Deemed To Have Attained The Age Re Quired On ...

Effect Of Un Due
Effect Of Un Due Influence. "in Determining A Case Involv Ing Undue Influence, The Question Is Not What Effect The Influence Actually Exerted Would Have Had Upon An Or Dinarily Strong And Intelligent Person, But What Effect The Influence Actually Exerted Had Upon The Person On Whom It Was Exerted, ...

Evidence
Evidence. While Undue Influence Is Usually Divided Into Actual Or Direct, And Presumptive Or Constructive Undue Influ Ence, Yet The Evidence Usually Relied Upon To Prove Undue Influence Is Generally Circumstantial In Its Char Acter. And A Wide Range Is Allowed To Set Before The Jury All The Circumstances Attending ...

Except Nun Cupative Wills
Except Nun Cupative Wills. A Nuncupative Will, As We Have Seen (chapter I.) Is An Oral Will, Declared By Testator Before Witnesses As His Disposition Of His Prop Erty, And Afterwards Reduced To Writing. As A Rule, Personal Property Alone, And That Only To A' Limited Amount, Can Be Disposed ...

Exceptions To The General
Exceptions To The General Rule. To The General Rule That All Of The Testator's Property Can Be Disposed Of By Will, Certain Exceptions, Usually Statutory, And Sub Stantially Uniform Throughout The United States Are To Be Noted : I. The Expenses Of Administration And Statutory Allowances For The Support Of ...

Exceptions To The General_2
Exceptions To The General Rule. Some Exceptions To This General Rule Which Were Made At Common Law, And Which Prevail To Some Extent Under Modern Statutes, Are Now To Be Mentioned. These Exceptions Include : Aliens. At Common Law Aliens Could Take A Perfect Title To Personal Property Under A ...

Foreign Representatives
Foreign Representatives. A Personal Representative Appointed In One State Has No Legal Authority In Another State, And Cannot There Sue Or Be Sued In His Official Capacity. Statutes Exist In Many States By Which A Representative From Another State May Be Reappointed If No Local Administration Has Been Already Granted. ...

Formalities Required In Holographic
Formalities Required In Holographic Wills. As We Have Seen (ante, Sec. 925), A Holographic Will Is One Written Entirely By The Testator And Signed By Him. By Reason Of These Facts, Which Tend To Show Not Only That The Will Is Executed Animo Test Andi, But That It Is Unquestionably ...

Fraud Disabilities By Reason
Disabilities By Reason Of Mistake, Fraud, And Undue Influence. Fraud Closely Resembles Undue Influence In Most Cases And Is Scarcely Distinguishable From It. Fraud Vitiates A Will, Hence Where One Instrument Is Fraud Ulently Procured To Be Signed When The Testator In Tended Another, Or The Testator Is Deceived As ...

Gen Eral Principles
Gen Eral Principles. The General And Usual Princi Ples Of Construction, Which Are Customarily Followed By The Courts Are As Follows :— I. The Plain Intention Of The Testator, As Evidenced By Language Of His Employed In The Will, Must Prevai If That Intention Can Be Carried Into Effect Without ...

General Discussion
General Discussion. The Sub Ject Of The Formalities Required In Making And Revoking Wills, Is Regulated By Statutes In The Various States, But With Some Slight Difference In Terms The Rules And Regu Lations Are Substantially Uniform That, Except In The Cases Of Holographic And Nuncupative Wills, The Will Must ...

General Divisions Of The
General Divisions Of The Sub Ject. In All Of The States Of The Union There Are Laws Substantially Uniform Providing For The Disposi Tion By Aizte Mortem Declaration Of The Property Both Real And Personal Of The Owner. And In The Absence Of Such A Disposition By The Owner, The ...

General Requisites Of Revo
General Requisites Of Revo Cation. During The Life Time Of The Testator, The Will Is Ambulatory, And May Be Revoked, Altered Or Superseded By Him At Any Time. This, As We Have Seen (ante, Sec. 924), Is One Of The Essential Charac Teristics Of A Will. To Effect A Revocation, ...

General Rule Extent Of
Extent Of Testamentary Power, General Rule. We Have Seen In The Previous Chapter, That None Of The Restrictions Inci Dent To Feudal Times, And Which Prevailed Under The English Common Law, Became Operative In The United States. And The General Rule As To Testamentary Power In This Country Is, That ...

General Rule Of Testamentary
General Rule Of Testamentary Capacity. The General Rule Or Test Of Mental Capacity Is As Follows If The Testator Is Able, Without Prompting, To Summon Before His Mind, On The Same Occasion, And Hold There For A Reasonable Time The Nature Of The Business About Which He Is Engaged, The ...

General Statement Kinds Of
Kinds Of Men Tal Incapacity, General Statement. Mere Physical Weakness, Deformity, Or Disorder, Is Not Alone Enough To Incapacitate. A Man May Make A Valid Will Though He Is Blind, Or Deaf, Or Dumb, Or Exceedingly Weak And Feeble In Body, Or Of Great Age, Or Very Near His Death. ...

Gifts To A Class
Gifts To A Class Consid Ered. By A Gift To A Class, In The Construction Of Wills, Is Meant That A Stated Sum Is Given To A Group Of Persons, Which Group May Be Either Definite In Num Ber At The Time Of The Gift Or To Be Ascertained At ...

History Of Wills And
History Of Wills And Testa Ments In The United States. In The United States Each State Has Its Own Statute Of Wills, By Which The Question Of Capacity, Form, Execution And Effect Are Determined. These Statutes Are Based Upon The English Common Law As Modified By The Statute Of Wills ...

How Revocation Is Effected
How Revocation Is Effected. The Revocation Of A Will May Be Effected In One Of Two Ways : I. By The Direct Act Of The Testator. 2. By Inference At Law, From The Acts Or Change Of Conditions Of The Testator, As Regards His Estate And Family Rela Tions. By ...

How The Appointment Is
How The Appointment Is Evidenced. Lipon The Due Qualification Of The Of Ficer, The Letters Of Administration Will Be Granted To Him, If An Administrator; And Letters Testamentary, If An Executor. Such Letters Granted By A Court Having Jurisdiction For That Purpose Are, While Unrevoked, Conclusive Evi Dence Of The ...

Idiots And Imbeciles Kinds
Kinds Of Men Tal Incapacity, Idiots' And Imbeciles. An Idiot Is A Person Who From Birth Has Been De Ficient In Intelligence, Or, As Stated By Blackstone, "who Hath Had No Understanding From His Nativity, And Therefore Is By Law Presumed Never Likely To Attain Any." (i. Bl. Coin, 302.) ...

Illegitimate Children
Illegitimate Children. At Common Law The Rule Prevailed That While A Parent Or Reputed Parent To An Illegitimate Child Could Provide For It By Will, Others Than The Parents Could Not Provide By Will For Future Born Illegitimate Children, And Devises By Such Persons Were Held Void, . The Reason ...

Incorpora Tion Of Documents
Incorpora Tion Of Documents. Papers And Documents May Be Made Part Of A Will So As To Influence Its Mean Ing By Being Referred To In The Will Itself, Although Not Entirely Copied Therein. For This To Be Done Effect Ually, The Paper Referred To Must Be In Existence At ...

Intentional Omission Explained
Intentional Omission Explained. Where The Statutes Al Low The Testator To Disinherit A Child By Intentionally Omitting To Make Provision For Such Child, It Is Not Necessary For Him To Use Any Formal Language In Ex Pressing Such Intention. The Intention May Be Inferred From The Language Used. Thus By ...

Joint Duplicate And Mutual
Joint Duplicate And Mutual Wills Considered. "a Joint Will Is, As The Name Implies, One Single Instrument Made By Two Or More Testators And, If Properly Executed By Each, And Intended To Take Effect Upon The Death Of Each, Is As Much Entitled To Probate Upon The Death Of Each ...

Kinds Of Estates That
Kinds Of Estates That May Be Given By Will. The Testator May, If His In Tention Is Properly And Clearly Expressed, Devise The Absolute Title To An Estate, That Is, A Fee Simple, Or He May Devise A Life Estate With A Remainder Over, Or He May Devise A Fee-tail ...

Law Of Wills Divisions
Law Of Wills Divisions. The Law Of Wills May Be Appropriately Treated Under The Fol Lowing Heads : I. Definitions. 2. The Origin And His Tory Of Wills. 3. What Property May Be Disposed Of By Wills. 4. Who May Make A Will. 5. Who May Take By Will. 6. ...

Lunatics Kinds Of Men
Kinds Of Men Tal Incapacity, Lunatics. Under This Topic Of Lunatics, Or Lunacy, We Include All That Class Of Per Sons Whose Minds Once Rational, Have From Accident, Disease, Or Otherwise, Become Permanently Disordered, Although They May Have Lucid Intervals, Or Periods When Their Mental Unsoundness Is Scarcely Discover Able. ...

Meaning Of The Subject
Meaning Of The Subject Of Wills. The Subject Of Wills, Or Law Of Succession After Death, Is A Topic Which Shows In Its History And Development The Gradual Rise Of Mankind From A Con Dition Of Poverty And Ignorance Wherein Man Had Nei Ther Personal Or Real Property To The ...

Meaning Of The Words
Meaning Of The Words "de Scent" And "distribution." Where The Owner Of Property Has Left No Will At His Death, Or Has Left Property Which His Will Does Not Dispose Of, The Law Determines The Disposition Which Shall Be Made Of It. The Will Of The Law Is Declared By ...

Mode Of Procedure At
Mode Of Procedure At Trial Of Contest. Though The Presumption Is In Favor Of The Sanity Of The Testator, The Proponents Have The Burden Of Proof As To The Validity Of The Will, And Are Required Under Most Statutes To Make A Prima Facie Showing Of Capacity And Validity, Having ...

Modern Rule As To
Modern Rule As To Right Of Married Woman To Of Property By Will. In The United States, Nearly All Of The Common Law Disabilities Affect Ing Married Women In Relation To Their Property Have Been Removed By Statutes. Thus In Arkansas, Con Necticut, Delaware, Georgia, Indiana, Illinois, Iowa, Maine, Maryland, ...

Monomania And Insane Delusions
Monomania And Insane Delusions. Monomania Is In Sanity Upon Some Particular Subject Or Class Of Sub Jects, While In Other Respects The Mind Retains Seem Ingly Its Normal Powers. This Does Not Mean, Un Der The Modern Theory Of Monomania, That The Person Afflicted Has Perfect Mental Capacity On All ...

Nature Of Probate
Nature Of Probate The Proceedings Of Tribunals In Matters Of Probate Are Largely In The Nature Of Proceedings In Rent, That Is, Against A Thing, As The Property Of The Testator, And They Consider Persons Only So Far As Necessary To Give Them An Opportunity To Assert Their Rights In ...

Nature Of The Right
Nature Of The Right To Take Property By Statutes Of De Scent And Distribution. The Right To Take Property By Descent Or Distribution Is Not An Absolute One, But Depends Entirely On The Statutes. These Stat Utes May Be Changed At Any Time Before The Title To Property Has Become ...

Number Of Witnesses Re
Number Of Witnesses Re Quired To Attest A Will. The Number Of Witnesses Is Fixed By The Statute Of Each State, And Must Be Conformed To In Every Case. The Number Is Rarely Less Than Two, Or More Than Three. ...

Or The Description Of
Provisions Concerning Re Lationship, Or The Description Of Beneficiaries. The Following Special Rules Of Construction Ordinarily Prevail Unless Changed By The Evident Intention Of The Testator Appearing In The Con Text, As Regards The Description Of Beneficiaries When Such Description Pertains To Their Relationship To The Testator. I. The Word ...

Origin Of Wills Coincident
Origin Of Wills Coincident With The Rise Of Private Property. Among Very Primitive Peoples There Was Neither Per Sona] Property Nor Realty In The Hands Of The Individ Ual, And Consequently There Could Be No Subject Mat Ter For Wills. With The Development Of Property Rights In The Individual Came ...

Personal Property As Assets
Personal Property As Assets. The Chief Portion Of The Representative's Estate Is The Personal Property Of The Deceased. This Is Of Two Kinds : I. Personal Property In Possession. 2. Rights In Action, Also Called Choses In Action. I. Personal Property In Possession Is Of Three Kinds : (a), Chattels ...

Place Of Sig Nature
Place Of Sig Nature As Required By The Statutes. The Statutes Of Most States Simply Require That The Will Shall Be Signed By The Testator, Without Specifying The Place Of The Signature. Under Such Statutes The Signature May Be On Any Part Of The Will, If It Is In Tended ...

Presumptions
Presumptions. The Amount Of Influence Required To Constitute Undue Influence, Cannot Be Stated, It Varies With The Character Of Each Case, Regard Being Had For The Age, Mental Ca Pacity And Strength Of Character Of The Testator. It Is Enough If, In The Case In Question, It Overcame The Tes ...

Probate And Contest Of
Probate And Contest Of Lost And Spoliated Wills. Where A Will Duly Executed And Not Revoked Is Lost, Or Totally Spolia Ted By Some One Other Than The Testator And Without The Consent Of Testator, Or Is Mislaid Or Destroyed, Either In The Life Time Of The Testator Or After ...

Provisions Concerning A Suit
Provisions Concerning A Suit To Construe A Will. The Occasion And The Power To Construe A Will Arise Only, As A Rule, In An Action Brought For The Purpose Of Enforcing The Pro Visions Of The Will, And Courts Of Law Have No Jurisdic Tion Of Such An Action Brought ...

Provisions Concerning Land
Provisions Concerning Land. The Following Special Rules Of Construction Have Been Formulated And Applied To Provisions In A Will Concern Ing Land Or Real Estate :— T. The Term "land" Or "real Estate," When Used In A Devise, May Include Leasehold Interests, Lands Held As Trustee Or Mortgagee, Lands Contracted ...

Provisions Concerning Per Sonal
Provisions Concerning Per Sonal Property. The Following Are Some Of The More Common Special Rules Of Construction Con Cerning Personal Property. 1. The Term "money" Prima Facie Does Not Include Promissory Notes, Bonds, Stocks, Mortgages Or Securi Ties Payable In Money. It Does Prima Facie Include Money In Bank Subject ...

Provisions Of The Statutes
Provisions Of The Statutes Of Distribution. Unlike The Real Estate, The Personal Property Of The Intestate, Does Not Descend At Once To The Heirs. The Title To The Personalty Is Deemed To Vest In Trust In The Personal Representative, And Until The Representative Has Qualified, The Title To It Retnains ...

Qualification For The Of
Qualification For The Of Fice Of Administrator. The Person Entitled To Administration Being Determined, And Being Ready And Willing To Accept The Trust, He Must Qualify For The Office. This Qualification Consists In Taking The Oath And Giving Thc Bond Required By The Statute, And In An Amount Fixed By ...

Residuary Clauses
Residuary Clauses. By A Residuary Clause Is Meant That Portion Of Testator's Will Which Passes Property Not Otherwise Disposed Of ; That Is, The Residuum Of His Estate. Residuary Clauses May Be Either General Or Particular : The First Disposing Of All Remaining Property, The Latter Only Certain Specified Property. ...

Revocation By Later Instrument
Revocation By Later Instrument. It Is A General Rule That The Latest Will Or Codicil Duly Executed By The Testator Controls, And Therefore Revokes All Former Wills, By Which A Different Disposition Of The Property Is Made. But A Later Will, Unless It Contains Express Words Revoking Former Wills, Has ...

Revocation Implied By Law
Revocation Implied By Law. Under The Rules Of The Common Law A Will Disposing Of Real Property, Was Held To Be Revoked Pro Tanto By A Change In Testator's Estate, And To Be Revoked Entirely Where All Of His Estate Had Been Altered Or Disposed Of. So, At Common Law, ...

Rules Of Construction
Rules Of Construction. A Rule Of Construction, It Has Been Said, May Always Be Reduced To The Following Form : Certain Words Or Ex Pressions, Which May Mean Either X Or Y, Shall Prima Facie Be Taken To Mean X. This Rule Of Construc Tion Is Always To Be Applied ...

Scope Of This Chapter
Scope Of This Chapter. The Will Of Law, As Comprised In The Statutes Of Descent And Distribution, Is Not Self Executing But Requires To Be Carried Into Effect By Means Of The Established Judicial Machinery. The Method Of Setting This Machinery To Work In A Particular Case And The Modes ...

Sealing
Sealing. The Sealing Of Wills, Un Less Required By The Statutes, Is Unnecessary, And This Is So Although The Attestation Clause, Recites That The Will Was Signed And Sealed. But The Addition Of A Seal When Not Required, Will Not Invalidate The Will. ...

Signing By The Testator
Signing By The Testator. The Statutes Of Wills Quite Universally Require That The Will Shall Be Signed By, The Testator. The Usual And Most Certain Method Is For The Testator To Sign His Name In Full With His Own Hand, But This Is Not Indis Pensable, And The Testator May ...

Special Forms Of Temporary
Special Forms Of Temporary Insanity. To Be Distinguish Ed From The Fixed Mental Derangement Which We Have Designated Lunacy, Are The Following: I. Deli Rium; 2. Drunkenness; 3. Dementia. R. Delirium. Wills Made While In That Mental State Known As "delirium," Are Invalid, But If Made During A Lucid Interval, ...

Subscribing Witnesses
Subscribing Witnesses. By Statute In Many States Gifts To Subscribing Witnesses Are Void, Unless There Are The Re Quired Number Of Other Witnesses To The Will, To Whom No Gift Has Been Made. So It Is Held, On Grounds Of Public Policy, That One Who Murders The Testator For The ...

Tear Ing What Consti
What Consti Tutes Revocation By Burning, Tear Ing. By Burning As An Act Constituting Revo Cation, Is Not Meant That The Whole Will Must Be De Stroyed But Simply That The Mark Of Fire Should Visibly Show On The Instrument. So Where It Was The Envelope Covering The Will That ...

The Attempt Of The
The Attempt Of The Courts Of Equity To Revive The Right To Will Lands. In The Fourteenth And Fifteenth Cen Turies The Courts Of Equity In England Undertook To Modify The Common Law Rule Forbidding The Disposi Tion Of Lands By -will. They Did It In This Way, The Conveyancers ...

The Attesta Tion Clause
The Attesta Tion Clause Considered. It Is The Rule To Conclude A Will With A Formal Attestation Clause, But Such A Clause Is Not Necessary To The Validity Of The Will, Although Its Presence May Aid The Recollection Of The Witnesses, Or In The Event Of Their Failure To Recol ...

The Courts Having Probate
The Courts Having Probate Jurisdiction. In Nearly All Of The United States The Probating Of Wills Is Committed To Some Special Court, Established For That Purpose, And Variously Styled, Probate Courts, Orphan's Courts, And Surrogate Courts. Though In Some States No Special Court Is Provided. These Courts While Usually Courts ...

The Form Of The
The Form Of The Written Instrument. No Particular Language Or Form Is Necessary To Constitute A Writing A Will Provided The Intention Of The Testator Is Manifest To Thereby Dispose Of His Property At His Death, And That The Instrument Be Executed With The Statutory Formali Ties. This Intention Of ...

The Formalities Necessary In
The Formalities Necessary In Probating A Will. A Will Is Usually Pro Pounded By Some Party In Interest Filing A Written Ap Plication In The Probate Tribunal, Setting Forth The Death Of The Testator, The Names And Residences Of The Heirs And Next Of Kin Of The Deceased, With The ...

The Formalities Necessary In_2
The Formalities Necessary In Contesting A Will. While As A Rule For Mal Issues And Pleadings Are Not Required In A Suit To Contest The Validity Of A Will Which Has Been Probated, Yet Some Pleading On The Part Of The Contestant Is Essential To Show The Grounds Of The ...

The General Rule
The General Rule. As A General Rule, Any Person May Take Property By Will, Including Married Women, Infants And Insane Persons, So Long As The Gift In Itself Is Not Injurious. ...

The Inven Tory And
The Inven Tory And Appraisers. Having Taken Upon Himself The Administration Of The Estate, The Officer Is Required By Statute In All The States, To Make And File Within A Time Prescribed By Law, A Complete Inventory Of The Estate, Setting Forth In Detail All The Property Within His Possession ...

The Method Followed In
The Method Followed In Probating Wills. The Methods Or Modes Of Proving Testaments At The Common Law Were Either The Solemn Form, Which Was Done By Citing All The Persons Interested To Appear And The Examination Of The Wit Nesses By The Court And Those Who Might Dispute The Validity ...

The Present General Rule
The Present General Rule. As A General Rule, Any Person Of The Required Age, Of Sound Mind, And Under No Constraint, May Make A Will Of Both Real And Personal Property, By Complying With The Prescribed Statutory Formalities. At The Early Common Law, The Requirements Regard Ing Capacity To Make ...

The Probate Of Contingent
The Probate Of Contingent Wills. If The Will To Be Probated Be A Conting-ent Or Conditional One, Proof Of The Happening Of The Event Or Condition Necessary To Give It Effect Must Also Be Made At Probate. ...

The Probate Of Foreign
The Probate Of Foreign Wills. By A Foreign Will, Is Meant One Made By A Testator Domiciled In A Foreign State Or Country, And Which At The Death Of Testator Has Been Admitted To Probate In Such Foreign Country, But To Pass Title To Property Is Offered For Probate In ...

The Provisions Of The
The Provisions Of The Stat Utes Of Descent. The Rules Of Descent, As They Prevailed At Common Law, Have Been Almost Entirely Abrogated And Amended By The State Statutes In This Country. At Common Law There Were Six Canons Of Descent, Which May Be Found In The Various Works On ...

The Publication Of A
The Publication Of A Will. We Have Seen (ante, Sec. 976) That The Witnesses Are In Some States Required To Attest The Publication Of The Will By The Testator. This Is The Case In Those States Where The Publication Of The Will Is Made Imperative By Statute. By Publication Of ...

The Republication Of A
The Republication Of A Will. By Republication Is Meant The Reissuing And Revalid Ating Of A Will Previously Executed. Literally, Republi Cation Means A Second Making Public, But When Applied To Wills, It Signifies The Revival, Either By Re-execution Or By A Codicil Adapted To The Purpose, Of A Will ...

The Rights Of Devisees
The Rights Of Devisees Un Der A Valid Will Become Vested Prop Erty Rights At The Death Of The Tes Tator. It Is To Be Understood That The Rights Of De Visees And Legatees Under A Valid Will Become Vested Property Rights At The Time Of The Testator's Death And ...

The Status Of The
The Status Of The Will In England Prior To Io66. Prior To The Norman Conquest, A. D. 1o66, The Ang,lo-saxon Law Recog Nized The Right Of The Owner To Will Both Personal And Real Property. Although Some Authorities Seem To Think That This Right Was Not G,eneral, But Confined Only ...

The Status Of The_2
The Status Of The Will After M66 A, D. The Conquest Of England By The Nor Mans In Io66, A. D., And The Introduction Of The Feudal System, Or The Theory That All Land Belonged To The King And Was Leased Or Rented Out By Him To His Head Men ...