A View of the Jurisdiction and Proceedings of the Courts of Probate in Massachusetts, with Particular Reference to the County of EssexJ.D. Cushing and Brothers, 1822 - 158 páginas |
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A View of the Jurisdiction and Proceedings of the Courts of Probate in ... Daniel Appleton White Prévia não disponível - 2018 |
A View of the Jurisdiction and Proceedings of the Courts of Probate in ... Daniel Appleton White Prévia não disponível - 2016 |
A View of the Jurisdiction and Proceedings of the Courts of Probate in ... Daniel Appleton White Prévia não disponível - 2015 |
Termos e frases comuns
account of administration adminis affidavit allowance appear application appointed appraisers assignment of dower authority certificate cited claim colony commissioners common law Commonwealth complaint compos Course of Proceeding Court of Probate creditor DANIEL APPLETON deceased decree directed distribution duties execution executor or administrator executors and administrators exhibit facts fees filed give bonds given granting administration guardians guardianship heirs or devisees interested intestate estates intestate's inventory issue Judge of Probate Judicial Decisions jurisdiction legatee legislature letters of administration letters testamentary manner Mass ment ministration minors necessary neglect oath party passed payment of debts personal estate petition practice probate bond Probate Court probate law probate office proper province pursuant real estate recorded refusal Register Register of Deeds regulating render respecting revised sale of real selectmen settled shew spendthrift Stat statute of distributions Statute Provisions sufficient sureties tate testator or intestate thereof tion trust warrant widow writing
Passagens mais conhecidas
Página 119 - ... and the remainder in equal shares to his children and to the lawful issue of any deceased child by right of representation...
Página 119 - If there be no issue, nor husband, nor wife, nor father, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister, by right of representation...
Página 119 - Provided however, That when any child shall die under age, not having been married, his share of the inheritance, that came from his father or mother, shall descend in equal shares to his father's or mother's other children then living respectively, and to the issue of such other children as are then dead, if any, by right of representation.
Página 135 - The statute gives a very broad discretion to the judge, evidently intending not to define or limit the disabilities which should be the causes of removal, but to leave room for the application of the power to all cases which may occur to render the execution of a will, or the administration of an estate, perplexed or difficult.
Página 102 - And the general rule in equity for marshaling assets is thus settled : (1) The personal estate, excepting specific bequests, or such of it as is exempted from the payment of debts. (2) The real estate which is appropriated in the will as a fund for the payment. (3) The descended estate, whether the testator was seised of it when the will was made, or it was afterwards acquired. (4) The rents and profits of it, received by the heir after the testator's death.
Página 71 - If an action is maintainable against any person, it must be the defendant; for the guardian of an insane person cannot make his ward liable to an action as on his own contract, by any promise which the guardian can make. Neither can the defendant be sued in his capacity of guardian, so as to make the estate of his ward liable to be taken in execution ; for the judgment is not against the goods and estate of the ward in his hands, but against himself. A creditor may sue the insane person, who shall...
Página 120 - ... his estate shall descend to all his other lineal descendants; and if all the said descendants are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise they shall take according to the right of representation.
Página 91 - ... would be wholly useless ; if she did improve it, she would be exposed to disputes with the heir, and to the forfeiture of her estate, after having expended her substance upon it. But this is not all. It is well understood, by the common law, and the principle has been repeatedly settled in this Court, that the dower of the widow is not to be assigned, so as to give her one third of the land in quantity, but so that she may enjoy one third of the rents and profits, or income, of the estate.
Página 2 - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Página 111 - At law, the lands descend to the heirs, subject to the payment of debts, if there be a deficiency of personal assets. The administrator frequently enters on the lands, and accounts for the rents and profits in the probate court; and this practice may not be inconvenient to the heirs. For the profits become a part of the fund, if wanted for the payment of the debts; and, if not wanted, they form a part of the distributive shares of the personal estate. But, in law, the administrator has no right to...