A Treatise on the Rules of the Law of Personal Succession, in the Different Parts of the Realm: And on the Cases, Regarding Foreign and International Succession, which Have Been Decided in the British Courts
T. Clark, 1836 - 508 sayfa
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according action administration afterwards Alexander appears apply authority barred bond brother Burn's Eccles cause child circumstances claim confirmation consideration considered contract Court of Session creditor custom death debts deceased decided decision deed descendants died dispose disposition distribution domicil doubt effect English entitled equal executed executor father foreign funds give given granted heir held House of Lords husband important interest intestate James John judge judgment land Lashley law of England law of Scotland leaving legitim letters London Lord marriage matter mother moveable nature noticed obtained occurred opinion Ordinary parties period personal estate Prerogative Court present principles probate question reason received referred regard regulated relation remained residence respect rule settled share sister situated statute succession Supra taken testament third whole widow wife
Sayfa 469 - And with this declaration it is further ordered, That the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just, and consistent with this judgment and declaration.
Sayfa 36 - ... the residue of the said estate to be distributed equally to every of the next of kindred of the intestate who are in equal degree, and those who legally represent them. (Sect. 6.) Provided that there be no representations admitted among collaterals after brothers
Sayfa 168 - With respect to the disposition of it, with respect to the transmission of it, either by succession or the act of the party, it follows the law of the person. The owner in any country may dispose of his personal property. If he dies, it is not the law of the country in which the property is, but the law of the country of which he was a subject, that will regulate the succession.
Sayfa 129 - ... two or more credible witnesses, or by her last will and testament...
Sayfa 167 - It is a clear proposition, not only of the law of England, but of every country in the world, where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner.
Sayfa 42 - ... estate under the Statute of Distributions, in respect of any residue not expressly disposed of, unless it shall appear by the will, or any codicil thereto, the person or persons so appointed executor or executors, was or were intended to take such residue beneficially.
Sayfa 76 - Et in eodem loco singulos habere domicilium non ambigitur, ubi quis larem rerumque ac fortunarum suarum summam constituit, unde rursus non sit discessurus, si nihil avocet, unde cum profectus est, peregrinari videtur, quo si rediit, peregrinari jam destitit, Cod.
Sayfa 37 - ... part of that debt or debts, and of the costs of suit and charges of the administrator by reason of such debt, out of the part and share so as aforesaid allotted to him or her, thereby to enable the said administrator to pay and satisfy the said debt or debts so discovered after the distribution made as aforesaid.
Sayfa 36 - ... one third part of the said surplusage to the wife of the intestate, and all the residue by equal portions to and amongst the children...
Sayfa 39 - ... extend to the estates of feme coverts that shall die intestate ; but that their husbands may demand and have administration of their rights, credits, and other personal estates, and recover and enjoy the same as they might have done before the making of the said act.