Precedents and forms in conveyancing Volume 4 - Softcover

Inhaltsangabe

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: ... calls on shares made during the life of debts, and the tenant for life of tho general estato were, as between specific legacies. legatees in remaindor of tho shares, and the legatees in romainder of tho residue of tho estate, held to be payable out of the latter; and see as to the right to exoneration in respect of specific bequests, 2 Jarm. Wills. 3rd od. pp. 595--597. As to appor-With respect to the apportionment of rents and other periodical tionineut of payments in the nature of income, it is enacted by the Apportion at'toteS"6"8 ment Act' 1870, (33 & 34 Vict C-35)' 8-2' that from and after the death. passing of the Act all rents, annuities, dividends, and other peri. odical payments in the nature of income shall, like interest on money lent, be considered as accruing from day to day, and shall be apportionable in respect of time accordingly (and see the interpretation of the words "rents," "annuities," and "dividends," in section 5); but the Act is not to apply where there is an express stipulation against apportionment (s. 7). This comprehensive enactment is much more general in its application than the old Apportionment Act of 4 & 5 Wm. 4, c. 22, and avoids many of the questions which have arisen under that Act (as to which see Shelford's Real Property Statutes, 8th ed., by Carson, pp. 543, et seq.). By the effect of the Act an apportionment of the rents or income of the testator's real or leasehold estate, or any other property to which the Act applies, will in general have to bo made at the testator's doath as between the specific or residuary devisee or legatee and the general estate Capron v. Capron, L. B. 17 Eq. 288; Pollock v. Pollock, L. E. 18 Eq. 329; Haeluck v. Pcdley, L. B. 19 Eq. 271; Consta...

Die Inhaltsangabe kann sich auf eine andere Ausgabe dieses Titels beziehen.