The Devolution Of Real Estate On Death

Author : Leopold George Gordon Robbins
Publisher : Forgotten Books
ISBN 13 : 9781333602208
Total Pages : 188 pages
Book Rating : 4.6/5 (22 download)

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Download or read book The Devolution of Real Estate on Death, Under Part I of the Land Transfer Act, 1897 written by Leopold George Gordon Robbins and published by Forgotten Books. This book was released on 2016-09-15 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Devolution of Real Estate on Death, Under Part I of the Land Transfer Act, 1897: With the Act and Rules Real estate is to be administered with the same incidents, as if it were personal estate, without qualification. The effect Of these words, coupled with other incidental provisions of the Act, is apparently to render real estate liable to payment of legacies*; but this change in the law, if effected, is left to inference, and not positively and distinctly enacted. Moreover, there is no express saving of the rights Of an heir in case Of intestacy, and it is also left to inference that the intention and effect of the Act is not to disturb those rights, except so far as the real estate is required for purposes Of administration; but, as distribution Of residue not SO required is one Of the incidents Of personal estate, it might have been better if all doubt on this point had been dispelled by positive enactment. Since the remarks in the text (pp. 92, were through the press an Objection was made to the views there expressed, on the ground that the last clause Of section 2 (3) of the Act of 1897 negatives the liability of real estate to debts by virtue of this Act. But the writer submits that this is not the effect of the clause, which merely preserves the right Of a testator to charge legacies on land generally or specifically, SO as to render the land so charged liable to legacies primarily, or out of the order in which it otherwise would be liable by virtue of the Act. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.