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The Statute Of Wills
The Statute Of Wills. In 154o, Just Five Years After The Passage Of The Statute Of Uses, Parliament Passed The Statute Of Wills (32 Hen. Viii., Ch. 0,, Which Was Followed In 1542-43 By An Act To Interpret The Statute Of Wills. (34-35 Hen. Viii., Ch. 5.) The Purpose And ...

The Testators Right To
The Testator's Right To Make A Will Is Not A Property Right. While The Right To Make A Will Is General, And May Be Exercised By All, Under Certain Limitations, Yet This Right Or Privilege To Dispose Of One's Property To Take Effect At Death, Is Not, And Has Never ...

Treating Disabilities Af Fecting
Treating Disabilities Af Fecting Certain Persons. Uncler This Sec Tion We Shall Discuss Certain General Disabilities Which Have Prevailed Affecting: (a) Criminals, (b) Aliens And (c) Married Women. (a) Criminals. Under The Ancient Law, Many Per Sons Who Were Regarded As Offenders Against Munici Pal Or Religious Laws, Were Classed ...

Undue Influence
Undue Influence. By "undue In Fluence" Is Meant That Influence Which Compels The Tes Tator To Do That Which Is Against His Will From Fear, The Desire Of Peace, Or From Solicitations, Over-persuasion, Or Coercion, Which He Is Unable To Resist. Undue Influence May Be Exercised Either Through Threats Or ...

What A Provisionfor
What A Provision For A Child. To Con Stitute A Provision For A Child To Satisfy- The Statutes, The Provision Must Be An Interest Which Take Effect Immediately Upon The Death Of The Testator, And Not A Future Interest, As A Remainder Or A Reversion, Whether Vested Or Contingent. Hence ...

What Devises And Bequests
What Devises And Bequests Are Valid. In Order To Make A Valid Devise Or Be Quest, The Thing Given The Beneficiary, And The Nature And The Amount Of The Interest Must Be Stated With Reasonable Certainty. If The Thing- Given Or The Amount Of The Interest Be Uncertain, The Gift ...

What Inter Est Will
What Inter Est Will Disqualify A Person As A Witness? The Interest Which Will Disqualify, Must Be A Present, Certain, Legal, And Vested Interest, And Not Merely An Uncertain Or Contingent One. An Interest As An Executor Under The Will, Or In Any Other Purely Fiduciary Capacity, Does Not Disqual ...

What Is A Acknowledgment
What Is A Acknowledgment. The Form Of The Acknowledgment Is Not Particular, No Formal Or Exact Words Being Required; It Is Sufficient If The Tes Tator Reads The Attestation Clause In The Presence Of The Witnesess Or Exhibits The Instrument With His Signature Thereon And Refers To It As His ...

What Is A Suf
What Is A Suf Ficient Reference? Just What Will Constitute A Sufficient Reference To A Paper In Order To Incorporate It As Part Of A Will Is Not Always Clear. It Is Held That A Reference To, Or Description Of, The Document In The Will Is Sufficient Though It Needs ...

What Is A Sufficient
What Is A Sufficient Writ Ing? The Statutes Requiring The Will To Be In Writing Are Satisfied By Writing Filled In Upon A Written Or Printed Blank, Or By Being Printed Or Engraved En Tirely, Or By Being Prepared By The Typewriter Or Other Similar Process. The Will May Be ...

What Is Meant By
What Is Meant By "in The Presence Of Testator?" It Is A Quite General Requirement Of The Wills Acts In The Various States That The Witnesses Attesting The Execution Of A Will Should Sign In The Presence Of The Testator, And So It Bcomes Important To Consider What Is Meant ...

What Is Meant By_2
What Is Meant By Revoca Tion. By Revocation, Is Meant The Avoiding, Or In Validating Of An Instrument, Which Would Otherwise Have Operated At The Death Of The Testator As His Will. The Effect Of Revocation Is To Make The Will So Revoked A Nullity, And Unless The Testator Makes ...

What Is Meant By_3
What Is Meant By Probate. Probate Is Defined "as The Solemn Judicial Act Of An Officer Authorized By Law Adjudging And Decreeing That The Instrument Offered To Be Proved Or Recorded As The Last Will And Testament Of Deceased Is Such Last Will And Testament. The Word 'probate' Is Often ...

What Is Meant By_4
What Is Meant By Construc Tion And Effect. A Will Having Been Made And Proved And Allowed, It Next Becomes Necessary To Ascertain Its Legal Effect. Which Is Done By Construing Its Various Terms And The Language Employed By The Testator. Questions Of The Construction And The Effect Of The ...

What Law A Will
What Law A Will Is To Be Governed. It Is The General Rule In Relation To Wills Of Real Property That All Questions As To The Capac Ity Of The Testator, His Power To Dispose Of The Prop Erty And The Formalities Of Execution, Arc Governed By The Law Of ...

What Law Governs Descent
What Law Governs Descent And Distribution? The Descent Of Real Prop Erty Is Governed By The Law Of The Place Where The Land Is Situated, Technically Called The Lea; Rei Sitar. Per Sonal Property Is Distributed In Accordance With The Law Of The Intestate's Domicile At The Time Of His ...

What May Be Done
What May Be Done By The Officer Before The Letters Are Is Sued? It Was The Theory Of The Common Law That The Executor Derived His Authority From The Will Itself And That His Title Therefore Vested At The Testator's Death. An Administrator, On The Contrary, Derived His Title From ...

What The Sub Scribing
What The Sub Scribing Witnesses Are Required To Attest. "the Subscribing Witnesses Are Required By Statute For The Purpose Of Attesting Certain Requisites Of The Will. What These Requisites Are Depends Upon The Local Statute. In Most Jurisdictions The Subscribing Witnesses Are Required For The Purpose Of Attesting : (a) ...

When And How The
Where, When And How The Witnesses Should Sign. In England And Some Of The States The Statutes Re Quire That The Witnesses Shall Sign In The Presence Of The Testator And In The Presence Of Each Other. But This Last Provision As To Signing In The Presence Of Each Other ...

When Devises And Legacies
When Devises And Legacies Will Vest. The Interest Of The Beneficiary Under A Will May Be Either Vested Or Contingent. A Vested In Terest Means One Which Gives The Beneficiary A Present Fixed Right, Either Of Present Enjoyment Or A Future Enjoyment. A Contingent Interest Is One In Which There ...

When Parol Evidence Will
When Parol Evidence Will Be Admitted To Aid In Construction. The Following Rules Are Applicable To The Admission Of Parol Evidence In Suits To Construe.wills, Though The Same Principles May Be Applicable In Other Cases : 1. The Intention Of The Testator Is To Be Gathered Primarily From The Will ...

Where The Sig Nature
Where The Sig Nature Should Be Upon The Will. One Signature Is Sufficient For A Will Composed Of Several Sheets, Or Of Several Documents, Connected Either Ac Tually Or By Reference. And The Signature May Be On A Separate Paper, If Attached To The Will. A Mere Misnomer, Or Discrepancy ...

Who Are Com Petent
Who Are Com Petent Subscribing Witnesses? The Statutes Of Wills Require That A Will Shall Be Attested By "competent" Or "credible" Witnesses. These Words Being Held To Have Practically The Same Meaning. The Requirements As To Competency Refer To The Time Of Making The Will, And Not To The Time ...

Who May Claim Appointment
Who May Claim Appointment As Administrator? The Person Who Is Enti Tled To Be Appointed Administrator, Is Usually Deter Mined By The Provisions Of The State Statutes. At The Common Law The Surviving Husband Had The Right To Administer Upon The Estate Of His Deceased Wife, And The Surviving Wife ...

Who May Offer A
Who May Offer A Will For Probate? Any Person Interested In The Estate Of The Testator, As A Beneficiary, Creditor, And The Like, May Propound A Will For Probate. It Is Usually Provided By Statute That It Shall Be The Duty Of The Executor, Or Any Person Having The Will ...

Will Distin Guished From
Will Distin Guished From A Gift. A Will Differs From A Gift This Respect ; It Is Not Intended To Operate Or Take Effect Until The Death Of The Testator, No Title Of Any Kind Vests In Those Who Take Under It Until That Time, And It Is Subject To ...

Will Must Be In
Will Must Be In Writing. By Statutes In The Various States Governing The Subject Of Wills, All Wills Both Of Real And Personal Property Must Be In Writing. The Only Exception To This Is That Of Nuncupative Wills. Under The Early English Law, Wills Of Personal Prop Erty Were Valid ...