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" The rule is one of equity, established by courts for the protection of the remainderman, in the absence of any direction in the will ; but the rule thus established must yield to the terms of the will, and if it appears from a proper construction of the... "
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... - Seite 148
1843
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Digest of Cases Decided and Reported in the Supreme Court of the State of ...

Philip Phillips - 1840 - 350 Seiten
...legacy, the legacy will not vest until the happening of the event, unless it appear from other parts of the will that it was the intention of the testator that the legacy should vest immediately. Ch-egg, et al. v. Bethea, 6 P. 9. 9. When probate of a will had taken...
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Cases in the Court of Appeals of the State of New York [1847-1848 ..., Band 1

New York (State). Court of Appeals, Nathan Howard - 1855 - 856 Seiten
...other distinct and unequivocal intention. Hoesandwife, and others agt. Van Hoesen, 282 2. It seems from the will, that it was the intention of the testator, that the devise and bequest to the two sons, with directions to them to pay, should be in aid of the reversionary...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - 1864
...on the express condition Dickerman. ^at dower shall not be claimed, or if it clearly appear from ~~~ the will, that it was the intention of the testator that the widow should not hare both the donation and the dower, then the donation shall be taken to be in lieu...
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embracing devises, legacies, and charitable trusts, and the duties of ...

Isaac Fletcher Redfield - 1866
...condition that it shall be in lieu of or in satisfaction of dower, or else it must clearly appear, from the will, that it was the intention of the testator that the widow should not have both the donation and the dower. The presumption of the English law is that it...
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Commentaries on the Law of Infancy: Including Guardianship and ..., Teil 1

Ransom Hebbard Tyler - 1868 - 970 Seiten
...however, a devise was made expressly in bar of a jointure, or it should appear from any circumstances in the will that it was the intention of the testator that the devise was meant as a satisfaction of the jointure, the court would probably compel the jointress to...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Band 15

1883
...father of a child who is a legatee under a will is the executor of the will, and it clearly appears from the will that it was the intention of the testator that the income of the legacy should be applied to the i child's maintenance and support, the father at entitled...
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The Pacific Reporter, Band 81

1905
...particular devise, but it must further appear from the terms of such devise or from other provisions of the will that it was the intention of the testator that the residuary clause should Hot, In any event, carry such bequest, should it become inoperative for any...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Band 6

1885
...of the aid will; and the executors set up in addition that were informed by theperson who prepared the will that it was the intention of the testator that the plaintiffs should, in view of the circumstances herebefore stated,'only receive the interest upon the...
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the ontario reports

christopher robinson - 1885
...making of the aid will; and the executors set up in addition that were informed by thepersonwho prepared the will that it was the intention of the testator that the plaintiffs should, in view of the circumstances herebefore stated.'onlyreceive the interest upon the...
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The Southwestern Reporter, Band 139

1911
...favor of the donee of the power, and it may be further conceded that, if it appeared from the context of the will that it was the Intention of the testator that the power granted should be exercised by sale only or for the benefit of others, which is sometimes made...
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