Testamentary Forms And Notes On Wills
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Also the reversion of the land assigned to a widow in dower, in a case where the residue of all the testator's estate was devised after the widow shall have taken her thirds, there being no direct provision for her in the will. Yeo- mans v. Stevens, 2 Allen, 349. As to a residuary clause operating as an execution of a power of ap- pointment, see p. 68.
In determining who shall have the residuum of an estate, it should be borne in mind that in most jurisdictions the general funds of the estate a...re first to be called upon to pay debts, legacies, and charges of administration; and, if personal estate is insuffi- cient for that purpose, the real estate is to be sold by the executor. See, however, p. '276.
Property often increases or decreases in value be- tween the time of making the will and the testator's death, and a person should not be named as a re- RESIDUARY CLAUSE 301 siduary legatee, unless it is the testator's intention that that person shall receive the benefit of such increase, or bear the loss in case of decrease.
What to read after Testamentary Forms And Notes On Wills?
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To quickly assess the difficulty of the text, read a short excerpt:
Also the reversion of the land assigned to a widow in dower, in a case where the residue of all the testator's estate was devised after the widow shall have taken her thirds, there being no direct provision for her in the will. Yeo- mans v. Stevens, 2 Allen, 349. As to a residuary clause operating as an execution of a power of ap- pointment, see p. 68.
In determining who shall have the residuum of an estate, it should be borne in mind that in most jurisdictions the general funds of the estate a...re first to be called upon to pay debts, legacies, and charges of administration; and, if personal estate is insuffi- cient for that purpose, the real estate is to be sold by the executor. See, however, p. '276.
Property often increases or decreases in value be- tween the time of making the will and the testator's death, and a person should not be named as a re- RESIDUARY CLAUSE 301 siduary legatee, unless it is the testator's intention that that person shall receive the benefit of such increase, or bear the loss in case of decrease.
What to read after Testamentary Forms And Notes On Wills?
You can find similar books in the "Read Also" column, or choose other free books by George Fox Tucker to read onlineMoreLess
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