A Practical Treatise On Title to Real Property Including the Compilation And E

Cover A Practical Treatise On Title to Real Property Including the Compilation And E
A Practical Treatise On Title to Real Property Including the Compilation And E
George W George Washington Thompson
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643. 1073, 74 Am. St. 910. S2 Hawkins Wills (2d ed. ) 2. . «"• In re Phillips' Estate, 205 Pa. ^^ Johnson v. Washington Loan &c. 504, 55 Atl. 210, 97 Am. St. 743. Co. , 224 U. S. 224, 32 Sup. Ct. 421, 56 ^'' Davidson v. Coon, 125 Ind. 497, L. Ed. 741. 25 N. E. 601, 9 L. R. A. 584. 84Sumpter v. Carter. 115 Ga. 893, ^' Hibler v. Hiblcr, 104 Mich. 274, 42 S. E. 324, 60 L. R. A. 274; Patton 62 N. W. 361. 501 WILLS § 460 rule of construction that when an estate is devised to be divided equally betwe...en certain persons, whether specifically named, or designated by more general terms, as the children or heirs of cer- tain persons, the language imports the taking of an equal share by each devisee, in the absence of other provisions showing a con- trary intention. *^ The general rule of construction, both as to deeds and wills, is that if there be an interest and a power exist- ing together in the same person over the same subject, and an act be done without particular reference to the power, it will be ap- plied to the interest and not to the power.

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