 | David Robertson - Inheritance and succession - 1836 - 532 pages
...appertaining to his office, before obtaining probate. Such probate is rather the authentic evidence than the foundation of the executor's title ; for he derives...vests in him from the moment of the testator's death, (a) The executor may commence actions before obtaining probate; but he cannot advance in them beyond... | |
 | Patrick Brady Leigh - Nisi prius - 1838 - 928 pages
...TAKES IV THE ESTATE OF THE DECEASED. As the executor derives all his interest from the will itself, the property of the deceased vests in him from the moment of tbe testator's death ". Thus, where the demise by an executor, the lessor of the plaintiff in ejectment,... | |
 | South Carolina. Court of Appeals, J. S. G. Richardson - Equity - 1855 - 522 pages
...authenticated evidence, and not at all as the foundation of the executor's title, for he derives all his right from the will itself, and the property of the deceased...vests in him from the moment of the testator's death." The cases of Taylor vs. Taylor, 1 Rich. 531, and Workman vs. Dominick, 3 Strob. 530, show that the... | |
 | Edward Vaughan Williams - Executors and administrators - 1856 - 966 pages
...(k),) no probate of such a Will can be granted by the Spiritual Court (Q. The probate is, however, merely operative as the authenticated evidence, and...vests in him from the moment of the testator's death (/«). Hence the probate, when produced, is said to have relation to the time of the testator's death... | |
 | India, Whitley Stokes - Inheritance and succession - 1865 - 318 pages
...Court. claimed, or shall have granted letters of administration under Section 180. Wms. Exors. 254, 255. of the deceased vests in him from the moment of the testator's death (Wms. Exors. 225). 188. Probate of a Will when granted estabProbate establishes lisnes the Wil1 from... | |
 | Austin Abbott - Civil procedure - 1874 - 630 pages
...vest presently upon the testator's death (Will. on Ex., 531). The probate, or letters testamentary, is merely operative as the authenticated evidence,...vests in him from the moment of the testator's death (Dayt. Surr., 213, citing Will. on Ex., 255). If, however, the will of 1872 should be established as... | |
 | Amasa Angell Redfield - Law reports, digests, etc - 1879 - 616 pages
...was passed. The same argument might be used in respect to executors, for executors derive all their interest from the will itself, and the property of...vests in him from the moment of the testator's death (1 Williams on Executors, 238), though the probate is necessary as authenticated evidence of such title.... | |
 | Enquirer - 1884 - 458 pages
...executorship. 2613. Provisional Powers. — When an executor-nominate is willing to accept the office, the property of the deceased vests in him from the moment of the testator's death. 2614. Probate.— The first requisite towards obtaining probate is to prove the will. No will can be... | |
 | Gilbert Stuart Henderson - Probate law and practice - 1889 - 614 pages
...authenticated evidence, and not at all as the foundation of the executor's title ; for he derives all his title from the will itself, and the property of the deceased vests in him from the testator's death. s A grant of probate or of administation is in the nature of a decree in rein, and... | |
 | Rupert Etherege Kingsford - Executors and administrators - 1902 - 642 pages
...at all as the foundation of the t'xecutor's title, for he derives all his interest from the tration. will itself, and the property of the deceased vests in him from the moment of the testator's death. Therefore the probate is said to have relation to the time of the testator's death. Ingle v. Richards,... | |
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The probate is, however, merely operative as the authenticated evidence, and not at all as the foundation, of the executor's title ; for he derives all his interest from the will itself, and the property of the deceased vests in him from the moment of... 
