A Concise Treatise On The Law Of Wills

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...the will, either expressly or necessarily implied.55 Where this principle is not expressed in such sweeping language, it is always held by the courts where the will is equally susceptible of two constructions, one in favor of the heirs and the other in favor of some more distant relative, that the one in favor of the heir will be preferred.56 So in construing a will, the courts, in case of doubt, lean toward a construction which conforms as nearly as possible to the Statutes of Descent and Distribution.57 Thus, in a devise to testator's children in existence at the time of his death, it will be presumed that testator intended an equality of distribution among them.58 In the case of the death of some of testator's children, the law will, unless the contrary appear on the face of the will, assume that a distribution per stirpes in accordance with the principle of lineal representation is intended,58 if lapse is prevented in any way. "Tabor v. Mclntire, 79 Ky. 505. 499; Fahnestock's Estate, 147 Pa. B3 Pendleton v. Larrabee, 62 Conn. St. 327. 393; Wilder v. Holland, 102 Ga. 58 Pinkham v. Blair, 57 N. H. 44; Mathews v. Krishcr, 59 O. S. 226; Patterson's App., 128 Pa. St. 562; Bell's Estate, 147 Pa. St. 389, 269. 1892; 23 Atl. 577; Stewart's Es-on Doe v. Considine, 6 Wall. 458; tate, 147 Pa. St. 383. Dale V. White, 33 Conn. 294; Teele o Pendleton v. Larrabee, 62 Conn. v. Hathaway, 129 Mass. 164: Edger 393: Downing v. Bain, 24 Ga. 372; ly v. Barker, 66 N. H. 434: 28 L. Thompson v. Shackelford, 6 Tex. R. A. 328; Goebel v. Wolf, 113 N. Civ. App. 121. Y. 405; Dunlap's Appeal. 116 Pa. 57Geery v. Skelding, 62 Conn. St. 500; Chess's Appeal, 87 Pa. St. 362; 30 Am. Rep. 361. Where a residuary clause is capaMe of two constructions, one of...

This classic legal text provides a comprehensive overview of the law of wills, from the formalities of execution to the interpretation of provisions. A valuable resource for legal practitioners and scholars alike, this treatise has stood the test of time as an authoritative source on the subject. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Excerpt from A Concise Treatise on the Law of Wills Some of the chapters have been recast with a view to a more logical arrangement. A new chapter has been added upon tenant for life and remainderman. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.