Links News Contact Us About us Privacy Terms FAQ Add feedback Invite a friend Bookmark
Home Members Blogs Photos Videos Music Groups Classifieds Events Polls Forums Articles Boards chat
Articles
formerly existed with
10-25-11


reference to the disposal of personal property. The same rules of construction should therefore be now applied in determining whether subsequently acquired real estate passes by devise which before the enactment of the statute were applied in determining the same question with reference to personal property unless the words 'when the intention is clear and explicit' as contuined in the statute modify or change them. We are of the opinion however that no new rule of construction is created by this provision. Polo Outlet Online The meaning of the section is we think that subsequently acquired property shall be held to pass by the bequest whenever the intent of the testator to have it so pass is fairly to be inferred from the provision of the will when construed according to the established rules for the construction of such instruments; and it is not necessary North Face Outlet Store that the intention be expressed in direct language. BriggsBriggsIowa N. WIn that case Nike Free Run the testator bequeathed to two daughtersthe remainder of all my Nike Max Air personal property and the whole of my real estate to be divided between them Ralph Lauren Outlet Online share and share alike.Specific devises had been made to other children and the court said:Bequests in this Ralph Lauren Outlet form of the residue of the estate have always been held to carry the residuum of all the personal property owned by the testator at the time of bis death. As to that class of property the rule is that the will speaks from the time of the death and not from the time of its execution.The reason of this rule is found in the very nature of the testamentaryact. By that Nike Free act the testator makes a disposition of his property which is to take effect at his death. His lauguage necessarily relates to that time and he speaks in anticipation of that event. When he declares it to be his will that the residuum of his estate shall pass to a named legatee the only reasonable inference from his language is that he intends that the person named The North Face Outlet shall take the residue of all the property of which he shall be possessed at the time of his death. It was not the intention of the Legislature in enacting the statute in question to change the rule; but it was enacted for the purpose of extending the operation of the rule and making it applicable to real as well as personal property.The decisions cited and others collected in a note to WrightMastersAnn. Cas. fully sustain the conclusion reached. In FlynnHolinanIowa N. W there was no general Nike Argentina devise of land nor residuary clause and an afteracquired tract of land was held not to pass thereunder. In LuersLuersIowa N. W the devise was of specific tract also including all other land now owned by me and the Nike Shop court held this to include afteracquired real estate. In the case at bar the residuary clause gave to Catherine Whitney all the rest residue and remainder of my property real personal Polo Ralph Lauren Outlet and mixed of whatsoever kind or nature and wheresoever situated to Catherine.This clause is as general and Inclusive in terms as that construed in BriggsBriggs and FlynnHoi man and if these are to be followed must be construed as intended to dispose of all realty of which he died seised. A general devise of all real estate is held to evidence an intent to pass afteracquired realty Included in the generic description and nothing In the case at bar exacts an exceptional ruling. On the contrary afteracquired pesonal property North Face Outlet was bequeathed to the sou and as the testator is presumed in executing Nike Max Air 90 his will to have Intended the disposition of his entire estate he must have entertained the same purpose with respect to real property. Having entertained such a design he may well have adopted language broad enough not only to dispose of his property should his wile survive him but also when construed in connection with sectionof the Code to pass the same to her heirs in event of her decease first. The third clause of the will gave all real estate of which he might die seised if she should survive him and by operation of law to her children if she died first and as language employed The North Face Outlet Store is clear and unequivocal we are not

Copyright © 2012 Your Company.