A Treatise on the Law of Executors and Administrators

Front Cover
Soule and Bugbee, 1883 - Executors and administrators - 679 pages
 

Contents

Aird Goods
35
PART II
39
The same Subject identifying the Executor
48
The same Subject Conditional Appointment Substitution
49
Ford
54
The same Subject Death equivalent to a Renunciation
56
Renunciation where Several Executors are named
63
By whom the Will should be propounded for Probate
79
Aldrich Appellant
87
Agreement of Parties in Interest to conform to an Invalid Will
90
Proof of the Will Mode of Attestation by Witnesses
101
Proof of the Will Suitable Testamentary Condition as
107
McClelland
108
Probate in Whole or in Part
114
Value or Kind of Estate whether Fundamental
122
No Original and General Administration granted while Other
123
Right of the Next of Kin to administer Consanguinity
129
The same Subject Suitableness as between Males
136
Nomination of a Third Person by the Person entitled
143
REPRESENTATIVES TITLE AND AUTHORITY IN GENERAL
152
Administration with the Will annexed Functions of
161
Administration in the last Domicile is the Principal Other
167
Administration de bonis non to whom committed
168
Other Temporary Administration Administration pendente
176
138
184
Colwell
185
Sufficiency of Probate Bonds as to the Security and the Par
193
Unsuitableness of a Judge of Probate etc for the Appoint
196
CHAPTER VI
201
Removal of Executor or Administrator
208
Natural Termination of an Executors or Administrators
214
CHAPTER VII
220
Clinefelter
222
Duty of the Domestic Representative as to Foreign Assets
234
Title to Personal Property devolves upon Representative
238
Principal and Ancillary Jurisdictions how far Independent
240
Odum
244
Modern Statutes restrict the Liability of Intruder to Credi
251
Liability of Intruder upon the Estate to the Rightful Execu
252
191
253
Lillis
260
Acts done by a Rightful Administrator before qualifying
262
Personal Property of the Decedent left in Anothers Posses
272
Personal Assets coming to the Knowledge but not Posses sion of the Representative
275
Personal Assets or not where Decedents Title was Qualified
276
Various Cases where Representative does not hold strictly as Assets
277
Real Estate descends to Heirs not Assets except for Defi ciency
278
Executor or Administrator has no Inherent Authority as to Real Estate
279
Real Estate of Mortgagor or Mortgagee Rule of Assets
280
Rule of Assets as to Lands set off in Execution 216 Rents Profits and Income of Real Estate Rule of Assets
281
69
282
Character of Property at Owners Death Instances Con tract to sell Land Damages FireInsurance Money etc
283
Gifts Causa Mortis as affecting Question of Assets
284
Assignment Gift or Transfer by the Decedent to be avoided if Fraudulent as against his Creditors
285
Relation from Decedents Death
309
138
313
Representative does not succeed to Decedents Trusts
315
The same Subject how such Liability is incurred Statute
321
The Estate should not derive Unconscientious Advantage
330
Special Statute Proceedings against Intermeddlers with
336
Survival of Actions founded in Contract Exceptions to Rule
342
70
346
The same Subject Action for Damages in causing Death
350
Suits on Contracts made with the Representative
357
Effect of Contract or Covenant to the Decedent which did
363
Consulting Parties in Interest as to the Time Manner etc
405
Good Faith and Caution requisite from Purchaser Pledgee
407
CHAPTER V
424
Claims grounded in a Tort Damages etc how ranked
429
Mortgage Debts Rights of Creditors having Security
430
Invalid or Exorbitant Claims Voluntary Transactions
431
Survival of Actions for Rent or Damage to Real Estate
432
Decree or Order for Payment
433
Commissioners or Auditors to examine Claims
434
Exhaustion of Assets in paying Superior Claims Preferences to be observed Representation of Insolvency PAGE
435
Liability of Representative on Joint or Several etc Con
438
Complicity of Third Persons in the Devastavit renders them
455
This Subject a Branch of the Law of Wills
458
Bequests to Charitable Uses Statute of 43 Elizabeth c 4
465
Bailey Goods
470
Survivorship among CoExecutors or CoAdministrators
471
The same Subject Relation of Administrator de Bonis
480
Interest on Legacies to Children Widow etc and Other
482
Rights Duties and Liabilities of Temporary and Special
486
46
488
Funeral Charges and their Priority
495
460 463
498
Other Preferred Claims Administration Charges Debts
502
Rules of Priority American Classes enumerated
508
Notice of Debts as affecting their Payment with due Prefer ences English Rule
517
The same Subject English Rule as to Equal Creditors Creditors Bill
518
The same Subject American Rule
521
Debt due the Representative from the Estate Right to
522
Interest on Claims presented
524
Personal Liability of Representative for Debts 443 Payment or Advancement out of Representatives Own Funds 444 Recovery of OverPayment from ...
525
CHAPTER II
529
Widows Allowance whether confined to Cases of Distress
530
Maintenance for a Particular Period sometimes specified 451 Precedence of Widows Allowance over Other Claims whether independent of Distributi...
531
Decree of Allowance etc how enforced
533
Widows Allowance how barred
534
Widows Allowance Effect of her Death before a Grant 455 Allowance to Minor Children
535
Use of Dwelling House Widows Quarantine
537
Cumulative Legacies Repetition or Substitution of Legacies
547
Construction of Wills Legacies
553
529
567
CHAPTER V
573
531
576
Rights of Children and Lineal Descendants in Distribution
580
Time and Method of Distribution
586
GENERAL POWERS DUTIES AND LIABILITIES OF EXECU
590
533
604
585
608
The Form of Administration Account
610
319
616
Settlement upon a Final Accounting Distribution
617
Accounts by CoExecutors or CoAdministrators
624
534
625
535
626
537
627
Charges on Account as concerns Real Estate or its Proceeds
630
Allowance of Counsel Fees Costs
636
REMEDIES BY AND AGAINST EXECUTORS AND ADMIN
3
530
Right of Creditor or Stranger to be appointed in Default
Equitable Assets as distinguished from Legal Assets 222 Assets where Property is appointed under a Power 223 Chattels Real as Assets Leases etc 282
CHAPTER II
What the Inventory should contain 235 Assets and Inventory in Special Instances Coownership
What Testamentary Papers require Probate Wills of Real
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