A Concise Treatise On the Law of Wills
A Concise Treatise On the Law of Wills
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R. A. 509.
604 LAW OF V/^ILLS.
tor's was held to be the "heirs" in the technical sense wher& such niece was domiciled in another state, the laws of which could control as to who was the next of kin, and where such a bequest was connected with another bequest to the "heirs"^ of another niece in the same state.^^ In some jurisdictions "heirs" is held, even in bequests of personalty, to mean those upon whom the law would cast the descent of realty.^^ Where the word "heir" is used, not with referen...ce to a beneficiary under the will but to a testator, it is held in some courts that even in gifts of personalty it means the common law heirs.^^ §516. "Heirs" including legatees.
The word "heir" may be extended to include "legatee." Thus a bequest was made to "heirs resident in the state." There were no heirs or next of kin of testatrix resident in the state, but there were legatees under the will resident in the state, and the term "heirs" was construed to include all the legatees resident in the state who were natural persons, but excluding corporations.^** §517.
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To quickly assess the difficulty of the text, read a short excerpt:
R. A. 509.
604 LAW OF V/^ILLS.
tor's was held to be the "heirs" in the technical sense wher& such niece was domiciled in another state, the laws of which could control as to who was the next of kin, and where such a bequest was connected with another bequest to the "heirs"^ of another niece in the same state.^^ In some jurisdictions "heirs" is held, even in bequests of personalty, to mean those upon whom the law would cast the descent of realty.^^ Where the word "heir" is used, not with referen...ce to a beneficiary under the will but to a testator, it is held in some courts that even in gifts of personalty it means the common law heirs.^^ §516. "Heirs" including legatees.
The word "heir" may be extended to include "legatee." Thus a bequest was made to "heirs resident in the state." There were no heirs or next of kin of testatrix resident in the state, but there were legatees under the will resident in the state, and the term "heirs" was construed to include all the legatees resident in the state who were natural persons, but excluding corporations.^** §517.
What to read after A Concise Treatise On the Law of Wills?
You can find similar books in the "Read Also" column, or choose other free books by Herbert William Page to read onlineMoreLess
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