The Land Transfer Acts 1875 And 1897 With a Commentary On the Sections of the
The Land Transfer Acts 1875 And 1897 With a Commentary On the Sections of the
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233. ) A general devise will operate as an exercise not only of general powers existing at the date of the will, but also of general powers com- ing into existence after the date of the will and prior to the tes- tator's death. (Airei/ v. Bower, 12 Ap. Ca. 263 ; Farwell, p. 222. ) The sub-section has not any application to limited powers, the property subject to which, whether appointed or unappointed, forms no part of the estate of the donee of the power.
It is submitted that when once it is c...lear that the will operated as an exercise of the power, all the real estate, subject to the power, passes under this sub-section to the personal respresenta- tives ; but whether and how far any part of the appointed jiroperty which fails by the death of the appointee in the lifetime of the testator is assets of the testator in the hands of personal representatives is a difficult question, and will be discussed under sect. 2, sub-sect. 3 {post, pp. 256, 257).
(3. ) Probate and letters of administration may be granted in respect of real estate only, altliough there is no personal estate.
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To quickly assess the difficulty of the text, read a short excerpt:
233. ) A general devise will operate as an exercise not only of general powers existing at the date of the will, but also of general powers com- ing into existence after the date of the will and prior to the tes- tator's death. (Airei/ v. Bower, 12 Ap. Ca. 263 ; Farwell, p. 222. ) The sub-section has not any application to limited powers, the property subject to which, whether appointed or unappointed, forms no part of the estate of the donee of the power.
It is submitted that when once it is c...lear that the will operated as an exercise of the power, all the real estate, subject to the power, passes under this sub-section to the personal respresenta- tives ; but whether and how far any part of the appointed jiroperty which fails by the death of the appointee in the lifetime of the testator is assets of the testator in the hands of personal representatives is a difficult question, and will be discussed under sect. 2, sub-sect. 3 {post, pp. 256, 257).
(3. ) Probate and letters of administration may be granted in respect of real estate only, altliough there is no personal estate.
What to read after The Land Transfer Acts 1875 And 1897 With a Commentary On the Sections of the?
You can find similar books in the "Read Also" column, or choose other free books by Charles Fortescue Brickdale to read onlineMoreLess
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