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Updated: May 22, 2025
To prevent this subsequent avoidance of one's will, grandchildren by a son must be either instituted heirs or disinherited, exactly as, to secure the original validity of a testament, a son must be either instituted or specially disinherited; for if the son die in the testator's lifetime, the grandson and granddaughter take his place, and avoid the will just as if they were children born after its execution.
Moze for life, and afterwards to you, Miss Moze. There are only two legacies. Ten pounds to James Aguilar, gardener. And the testator's shares in the Zacatecas Oil Development Corporation to the National Reformation Society. I may say that the testator had expressed to me his intention of leaving these shares to the Society. We should have preferred money, free of legacy duty, but the late Mr.
2 It was said that the statute confers the guardianship, in case of intestacy, on the nearest agnates; but by intestacy here must be understood not only complete intestacy of a person having power to appoint a testamentary guardian, but also the mere omission to make such appointment, and also the case of a person appointed testamentary guardian dying in the testator's lifetime.
Wilson's disease; and the death of the testator occurred under a peculiar set of circumstances which seemed to be exactly adjusted to the wording of the will. Or, to put it in another way: the wording of the will and the time, the manner and the circumstances of the testator's death, all seemed to be precisely adjusted to the fact that the approximate date of Mrs.
12 If, after making his will, a testator alienates property which he has therein given away as a legacy, Celsus is of opinion that the legatee may still claim it unless the testator's intention was thereby to revoke the bequest, and there is a rescript of the Emperors Severus and Antoninus to this effect, as well as another which decides that if, after making his will, a testator pledges land which he had therein given as a legacy, the part which has not been alienated can in any case be claimed, and the alienated part as well if the alienator's intention was not to revoke the legacy.
A penal legacy is one given in order to coerce the heir into doing or not doing something; for instance, the following: 'If my heir gives his daughter in marriage to Titius, or, conversely, 'if he does not give her in marriage to Titius, let him pay ten aurei to Seius'; or again, 'if my heir parts with my slave Stichus, or, conversely, 'if he does not part with him, let him pay ten aurei to Titius. And so strictly was this rule observed, that it is declared in a large number of imperial constitutions that even the Emperor will accept no legacy by which a penalty is imposed on some other person: and such legacies were void even when given by a soldier's will, in which as a rule so much trouble was taken to carry out exactly the testator's wishes.
He recalled his brief visit to the departed testator's claim and market garden, and his by no means favorable impression of the lonely, crabbed old man, as well as his relief that his objectionable cousin, whom he had not seen since he was a boy, was then absent at the rival uncle's.
"Here is a duplicate copy, with letters explaining the reason for making it, in the testator's own hand-writing." Dalhousie candidly stated the means by which he had obtained possession of the papers, and trusted his indiscretion would be overlooked. Dr.
The signature of the second will differs slightly from that of the first, and also from what had hitherto been the testator's ordinary signature. "And now we come to a very curious group of dates, which I will advise you to consider with great attention. Mrs.
That's the difference between us." The will was read amidst sundry interjections and expressions of anger from George, which it is not necessary to repeat. Nor need I trouble my readers with the will at length. It began by expressing the testator's great desire that his property might descend in his own family, and that the house might be held and inhabited by some one bearing the name of Vavasor.
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