Home > Literature & literary studies > Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 65; V. 95)
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 65; V. 95)

Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 65; V. 95)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880. Excerpt: ... Syllabus. John R. Nevius et al. v. Thomas R. Gourley et al. Filed at Ottawa May 18, 1880. 1. Wills--devise upon condition. Where a devise is to take effect only upon the performance by the devisee of a precedent condition, the condition must be strictly performed, and where there is a substantial deviation from the intent of the testator as expressed in the will, the title will not vest. And a court of chancery will never vest an estate when, by reason of a condition precedent, it will not vest in law. 2. And if the precedent act to be performed consists of several particulars, every particular must be performed before the estate can vest or take effect. 8. A will provided that if a devisee named should pay certain legacies, specified, "out of his own private funds," within one year from the date of the death of the testator, and should settle the estate (of which he was appointed the executor) without any other charge to said estate, then the testator "gave and bequeathed" to such devisee a certain described tract of land, the will further providing: If the said devisee should not fully comply with the foregoing conditions, he should have no lien on the land mentioned. It was held, the conditions named were precedent conditions, and unless performed according to the intent of the testator, the title to the land would not vest. 4. Same--as to the manner of paying a legacy. Where land is devised upon condition that the devisee shall pay a money legacy specified in the will, if the legatee Bees proper to accept the promissory note of the devisee of the land, in payment of the legacy, that will be regarded as a good payment under the will. 5. But where the will provides that the legacy shall be paid by the devisee "out of his own private funds," a payment in...


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Product Details
  • ISBN-13: 9781153981026
  • Publisher: General Books
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 12 mm
  • Width: 186 mm
  • ISBN-10: 1153981025
  • Publisher Date: 05 Feb 2012
  • Height: 242 mm
  • No of Pages: 226
  • Series Title: English
  • Weight: 412 gr


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Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 65; V. 95)
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