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$10.
$11.
Difference Between Will and Other Dispositions of Property
Words of Disposition
$12. Words Creating Estates
CHAPTER II.
TESTAMENTARY CAPACITY.
§13.
Animus Testandi, Evidence. Testamentary Capacity in General..
§14. Sound and Unsound Mind
$15. Test of Testamentary Capacity
$16.
Degree of Memory
10
12
13
15
16
17
18
MISTAKE, FRAUD, UNDUE INFLUENCE.
Section
$35.
$36.
$37.
$38.
The Different Kinds and Forms of Undue Influence.
Effect of Undue Influence...
Lack of Fairness in Will Raises no Presumption of Undue Influence..
Duress
$39. Spiritualism and Undue Influence..
$40. Undue Influence on Part of Wife..
CHAPTER IV.
FORMAL REQUISITES OF A WILL.
§65.
$67.
870.
$71.
$72.
$73.
874.
Time of Competency
876.
877.
Value of Testimony of Subscribing Witnesses.
Sufficient Direction
866. Form of Signing
Manner of Signing
§68. Signing by Mark
§69. Guiding Testator's Hand
Place of Signature on Will
Attestation and Subscription
Distinction Between Attestation and Subscription.
Competency of Subscribing Witnesses.
$75. What Persons are Competent to be Attesting Witnesses.
Number of Attesting Witnesses
Will Established by Evidence Other Than That of Witnesses..
Evidence of Completion...
42
43
45
46
47
48
49
50
51
52
Effect of Subsequent Will as to Revocation. General Rules.
53
56
57
58
$129.
$127. Description of Personalty by Location or Use.
$128. Life Insurance
Release of Debts and Obligations
75
76
77
$143.
Words Necessary to Create Life Estates.
101
$146.
Estate in Fee, Limitations, Repugnant and Inconsistent Provisions.
$142. Words Necessary to Create Estates in Fee.
$144. Life Estate Created with a Disposition Over.
$145. Life Estates in Relation to Direction to Support..
$147. Estate for Life, Limitations, Repugnant and Inconsistent Provisions... 108
102
104
106
107
Page
$148.
Statutory Provisions by Which Estates-tail Are Converted Into Other
Estates
109
$153.
Estate Created by Use of the Words, "Dying Without Issue"
113
$154. Estate in Severalty
114
$155. Estate in Fee. Devise with Power of Disposition.
$156. Estate for Life with Power of Control or Disposition.
$157. Estates Created in Personal Property
115
116
$158.
Annuities and Incomes
117
$159.
$161.
The Enforceability of a Gift of Income Charged with Support.
$160. The Income Passes to Whom
118
Duration of Annuities
119
CHAPTER X.
TESTAMENTARY TRUSTS AND POWERS.
Opening of Vested Remainders for Newly Born Remainderman
Vested Defeasible Remainders
134
$179.
Contingency Resting Upon Person
135
§180.
Difference of Time of Vesting Estates Where Time of Payment is
Postponed
Property Out of Which Legacies Are Payable or Charged..
137
$185.
$184. Types of Contingencies Upon Which Estates Depend..
Construction of Vested and Contingent Estates.
139
CHAPTER XII.
CONDITIONS AND RESTRICTIONS.
Actual As Well As Possible Events Considered.
$200. Alternative Limitations
$201. To What Estate and Rights the Rule is Applied.
$203. The Common Law Rule Modified by Statute....
§202. To What Estates and Rights the Rule is Not Applied.
$206. The Application of the Doctrine of Perpetuities Under the Statutes... 153
$207. What Rules Obtain Under the Statute."
$208. The Effect of the Rule
149
150
151
152
153
154
$209. When Power of Alienation is Suspended
155
$210.
When Power of Alienation is Not Suspended.
$211. The Test of What Constitutes Suspension of Alienation.
$212. Restraints Upon Alienation Are Not Favored in Law.
$213. All Rights of Property Alienable
156
$214. To What Estates the Rule Relating to the Power of Alienation is
$217. Time of Remoteness. From What Period to Be Reckoned.
160
....
$218. Remainder Created in Favor of One Not in Being at Time of Testator's
Death
161
$220.
Invalid Devises and Bequests Under the Statute.
$222.
$219. Valid Devises and Bequests Under the Statute.
$221. Invalid Provisions Cannot be Made by Widow Exercising Her Election.
Effect of Violation of the Rule Under the Statute.
$223.
Effect of Partial Violation of the Rule Under the Statute..
164
165
$224. The Prevailing Question Under the Statute.
$225. All Executory Devise Exceeding the Period of Limitation Set by
Statute
$226. When the Power of Alienation Never Would be Suspended.
$227. Where a Contingent Remainder Vests as to Alienation..
166
$228.
Avoiding the Statute in Restraint of Alienation by Clothing Trustees
With Power of Sale
167
$229. Charges of Legacies on Real and Personal Property.
168
$230.
$231.
The Distinction Between the Palms' Will Case and the Niles' Will Case 169
An Estate Placed in Trust and Alienation.
169
$235. The Rule That Obtains as to Accumulations of Income From Personal
Property
171
$236. The Object of the Statute Forbidding Accumulations.
172
8237. The Rule That Obtains as to Accumulation of Rents and Profits-
Annuities to Children
$238. The Rule Concerning a Trust for Accumulation Beyond Period Pre-
scribed
173
174
$239.
Charitable Devises or Uses
$240. Constitutional and Statutory Provisions as to Charitable Devises or
Uses
$241. Statutes Relating to Time When Charitable Devises Must be Made..
$242. Who May be Beneficiaries
$246. Dower in Relation to the Doctrine of Election..
179
181
184
$247. Failure to File Notice of Election in Time.
$248. Presumption as to "In Lieu of Dower" Under Statutory Rule.
$249. Who May Exercise the Right
$251.
$252. Taking Against Will
$254. A Widow When Not Precluded
$255. Taking Under Will Not Entitled to Dower in Addition.
186
187
188
189
$256.
Second Wife's Interest in Will Providing for First Wife.