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Updated: May 22, 2025
But in case none should succeed in so establishing the testator's guilt, then the whole property, minus court expenses, as aforesaid, should go to the said Henry Clay Brentshaw for his own use, as stated in the will. The syntax of this remarkable document was perhaps open to critical objection, but that was clearly enough the meaning of it.
For instance, if a testator have a son, and by him a grandson or granddaughter in his power, the son alone, being nearer in degree, has the right of a family heir, although the grandchildren are in the testator's power equally with him.
It is clear that such a legacy is void if given unconditionally, even though the slave ceases to belong to the heir during the testator's lifetime: for a legacy which would be void if the testator died immediately after making his will ought not to become valid by the simple fact of the testator's living longer.
The bequest, however, was made conditional on the legatee taking the testator's body from The Tree and "planting it white." So Mr.
They declared that it was undoubtedly the testator's intention to establish an institution for collegiate education; they expressed their determination to apply the funds first of all to the payment of "a Principal and of such Professors as may be required, and to proceed in due course with the erection of a more extensive building than even that suggested by the Governors."
The terms of the expression Emptor familiæ demand notice. "Familia," in classical Latinity, means always a man's slaves. Here, however, and generally in the language of ancient Roman law, it includes all persons under his Potestas, and the Testator's material property or substance is understood to pass as an adjunct or appendage of his household.
Single things can be left in trust as well as inheritances; land, for instance, slaves, clothing, gold, silver, and coined money; and the trust may be imposed either on an heir or on a legatee, although a legatee cannot be charged with a legacy. 1 Not only the testator's property, but that of an heir, or legatee, or person already benefited by a trust, or any one else may be given by a trust.
XVII. To prevent forgery, a method was then first invented, of having writings bored, run through three times with a thread, and then sealed. It was likewise provided that in wills, the two first pages, with only the testator's name upon them, should be presented blank to those who were to sign them as witnesses; and that no one who wrote a will for another, should insert any legacy for himself.
The Will in question was a conveyance inter vivos, a complete and irrevocable alienation of the Testator's family and substance to the person whom he meant to be his heir.
But the furniture he had seen, ran on castors across and across Mr. Testator's mind incessantly, when, in the chill hour of five in the morning, he got to bed. He particularly wanted a table to write at, and a table expressly made to be written at, had been the piece of furniture in the foreground of the heap.
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