A Treatise on the American Law of Administration (including Wills)

الغلاف الأمامي
Little, Brown, 1923 - 2121 من الصفحات
 

المحتوى

Probate of Wills in Part and in Fac Simile
746
Probate of Holographic Wills
751
Proof of Nuncupative Wills
752
Admissibility of Declarations as Evidence in the Probate of Wills
753
Wills proved in a Foreign Jurisdiction
757
Revocation of Probate
767
Effect of the Probate
772
CHAPTER XXV
776
229a Disqualification for Executorship and for Administratorship Dis tinguishable
780
Infancy as a Disqualification
783
Converture as a Disqualification to the Office of Executrix
784
Mental Incapacity Immorality Corporateness and other Dis qualifications
785
Acceptance or Refusal of the Office of Executor
789
CHAPTER XXVI
795
The Husbands Right to Appointment
798
The Widows Right to Appointment
800
Right of Next of Kin to the Appointment
803
Right of Creditors to Appointment
804
Right of the Public Administrator to the Administration
806
Disqualifications excluding from the Right to Appointment
807
Considerations governing the Discretion
812
Renunciation of the Right to administer
816
Effect of Renunciation or Waiver
819
Administrators cum Testamento annexo
822
Administrators of Estates of NonResidents
825
Administrators de Bonis non
826
Administrators with Limited Powers
828
CHAPTER XXVII
830
Bonds of Executors
831
Power of Court to order Bond
833
Circumstances rendering Bond necessary
834
Invalidity of Administration without Bond
836
When Additional Bond may be ordered
837
Nature of the Liability of Sureties Effect of New Bonds
838
Technical Execution of the Bond
847
Amount of the Penalty
851
Joint or Separate Bonds
854
Approval and Custody of Bonds
856
Special Bonds
857
CHAPTER XXVIII
858
tration
861
Nature of the Proceeding
863
Nature of the Decree and its Authentication
864
Oath of Office
866
CHAPTER XXIX
868
Jurisdiction to revoke Letters
870
Recall of Letters granted without Authority in the Court
871
Theory of Removal for Cause
873
Causes justifying Revocation of Letters
877
What deemed insufficient to justify Revocation
880
Who may move for Revocation
884
Resignation of Executors and Administrators
886
Consequences of the Revocation of Letters
890
Modern Statement of the Rule
915
Fixtures as between Personal Representatives of Life Tenant and Remainderman
917
Separate Property of the Wife
919
Antenuptial and Postnuptial Settlements
921
The Wifes Savings from Separate Trade Pinmoney Gifts etc
924
The Wifes Paraphernalia
926
CHAPTER XXXI
928
Reason of the Rule
929
American Statutes regulating the Survival of Actions
931
Actions for Injuries to Property
934
Actions for Injuries to the Person
937
Actions for Injuries resulting in Death
941
Property conveyed by Decedent in Fraud of Creditors
951
Annuities and Rent Charges
957
Copyrights and Patents TradeMarks Franchises
958
Rents
961
Apportionment between Life Tenant and Remainderman
963
The Wifes Choses in Action
965
Actions accruing to the Representative officially or individually
969
OF THE DUTIES OF THE PERSONAL REPRESENTATIVE
973
CHAPTER XXXIII
1000
CHAPTER XXXIV
1013
PART SECOND
1034
Duties in Relation to the Contracts and Trade of the Deceased
1041
Preserving the Property Taxes on Personalty
1060
Succession Taxes on Estates as such
1085
Transfer of Property by the Executor or Administrator
1091
Method and Notice of Sale
1097
Record and Report of the Sale
1106
CHAPTER XXXVI
1117
Interest of the Executor or Administrator in Real Estate
1124
Power given in a Will not following the Office of the Executor
1130
Constructive or Equitable Conversion
1139
Duties and Liabilities arising to Executors and Administrators
1147
OF THE PRIVITY AMONG EXECUTORS OR ADMINIS
1152
TITLE FIFTH
1179
357 Funeral Expenses allowable as Incidental to the Administration
1181
Extent of Allowance for Funeral Expenses out of Insolvent Estates
1195
PART SECOND
1220
Enforcing Judgments de Bonis Testatoris at Common
1236
CHAPTER XLI
1246
Time for the Exhibition of Claims
1255
399 Time of establishing Claims with Reference to their Rejection
1263
CHAPTER XLII
1264
Contingent Claims
1276
Claims by Relatives Evidence in Proving Claims against Estates
1285
Setoffs in Probate Courts
1295
Effect of Proving Claims after the Primary Period fixed therefor
1334
Special Administration of Insolvent Estates
1341
CHAPTER XLIVA
1347
Actions to foreclose Collateral Securities
1355
حقوق النشر

عبارات ومصطلحات مألوفة

مقاطع مشهورة

الصفحة 641 - And if thy brother be not nigh unto thee, or if thou know him not, then thou shalt bring it unto thine own house, and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again.
الصفحة 691 - But suppose administration to be granted on the estate of a person not really dead ? The act, all will admit, is totally void. Yet the ordinary must always inquire and decide whether the person whose estate is to be committed to the care of others be dead or in life.
الصفحة 1066 - No doubt this power on the part of two states to tax on different and more or less inconsistent principles leads to some hardship. It may be regretted also that one and the same state should be seen taxing on the one hand according to the fact of power and on the other at the same time according to the fiction that in successions after death mobilia sequuntur personam and domicile governs the whole. But these inconsistencies infringe no rule of constitutional law.
الصفحة 852 - Registrar may also direct that more Bonds than One shall be given, so as to limit the Liability of any Surety to such Amount as the Court or District Registrar shall think reasonable.
الصفحة 637 - If one who is neither executor nor administrator intermeddles with the goods of the deceased, or does any other act characteristic of the office of executor, he thereby makes himself what is called in the law an executor of his own wrong, or, more usually, an executor de son • tort.
الصفحة 1102 - However innocent the purchase may be in the given case, it is poisonous in its consequences. The cestui que trust is not bound to prove, nor is the court bound to judge, that the trustee has made a bargain advantageous to himself.
الصفحة 1140 - 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.
الصفحة 769 - A court of probate has no more power by a decree establishing one testamentary instrument to preclude the subsequent probate of a later one, never before brought to its notice, than by a decree approving one account to discharge an administrator from responsibility for assets not accounted for.
الصفحة 1163 - For the power of an executor is founded upon the special confidence and actual appointment of the deceased ; and such executor is therefore allowed to transmit that power to another in whom he has equal confidence...
الصفحة 1089 - Liability for the payment of the tax on the taxable income of an estate attaches to the person of the executor or administrator up to and after his discharge if, prior to distribution and discharge, he had notice of his tax obligations or failed to exercise due diligence in ascertaining whether or not such obligations existed.

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