
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt:... CHAPTER V. SUCCESSION TO MOVABLES ON DEATH. After status, capacity, and family relations, the Italian code passes to the respective laws which govern movables and immovables in general. I prefer however to pass to the remaining cases in which property is considered in special connection with a person, in order to exhaust the applications of the personal law while on the subject of it; and of such applications the most important, after those connected with marriage, are those connected with death. These must for English practice be limited to movables, because English land is in no case subjected to the personal law, but always to the lex situs. In England, and in those countries and colonies of which the law is derived from that of England, the personal or movable property of a deceased person can only be possessed under a grant from public authority, usually judicial. Such grant is, in England, in one 01 three forms: (1.) Probate of a will, granted to the persons, one or more, appointed in such will as executors; (2.) Administration with the will annexed, where no executor is appointed by the will; (8.) Administration, where the deceased left no will. The executors or administrators have to realize the personal property of the deceased, pay his debts, and distribute the surplus among those who may be entitled under the will, or by law in case of intestacy. These duties are classed together under the name of administration, which term has therefore two meanings: it is used in opposition to probate, to express a certain description of public grant, and it is used to express that course of dealing with the property granted which is expected from the grantee, whatever was the kind of grant. In those countries of which the law has been...
Page Count:
158
Publication Date:
2013-09-01
Publisher:
General Books
ISBN-10:
1230306269
ISBN-13:
9781230306261
No comments yet. Be the first to share your thoughts!