They are the legatees of such Western traditions, and the architects of them didn't keep minority cultures from being beneficiaries.
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Thomas B. Edsall As it stands now, the proposed House tax bill would give the undeserving rich — legatees who will inherit multimillion dollar estates — a $172.2 billion tax break over the next ten years.
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Legatees and pre-legatees are not liable to collate unless the will provides to the contrary.
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The order of distribution among the beneficiaries in an estate which is unable fully to discharge all the legacies is analogous if not identical with the order of distribution in insolvency. The beneficiaries have personal claims against the estate and they are in the position of creditors who cannot all be paid in full. The preferred legatees correspond to the secured creditors, and the other legatees to the concurrent creditors. The preferred legatees have preference and are satisfied in full and the balance is divided proportionately among the remaining legatees.
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In addition the peacekeeping operations in East Timor, the wars in Iraq and Afghanistan have provided ongoing work for Legacy. Finally, any death which is deemed service-related is attended to by Legacy. Volunteer members are called "Legatees" because they accept the "legacy of care" for their comrades' families; this title has continued to the present day. Some 5,500 legatees assist more than 90,000 widows and 1,900 children (referred to by Legacy as "Junior Legatees") and disabled dependents across Australia providing assistance, accommodation, medical and social support.
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In his will he left a ship to King Æthelred II of England as well as more ships to other legatees.
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NSW Police Legacy supports its legatees through financial assistance in the form of education grants and scholarships, welfare grants to families or individuals facing need, retraining for returning to the workforce, and funding for counselling. It also provides social support in the form of camps for young legatees, parental support networks, welfare checks, local area lunches, Christmas lunches, annual family day, and remembrance days.
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In 1361 he and his wife were legatees in the will of her brother, Humphrey de Bohun, 6th Earl of Hereford,. which greatly increased his wealth and land holdings.
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He married Frances Susannah, youngest daughter of Samuel Lovick Cooper and widow of Frederick Tyrrell, but left no issue. By his will he appointed his brother Henry, barrister-at-law, and his nephew Francis, residuary legatees.
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Caxaro was certainly a good friend of some of these men, both for intellectual as well as personal reasons. The fact that he designated the Dominicans as his general inheritors, or residuary legatees, in his will is proof enough of this.
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After his death, the Metropolitan Police seized £900,000 as it was suspected to be proceeds of crime. These assets were later released after an appeal from the legatees of the Will. In 1993, police considered reopening the investigation into Adkins & Wilsons murders due to the murder of Donald Urquhart.
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Ionescu delivered the funeral oration; the burial at Ruginoasa was overseen by a National Committee, whose members included Anghel, Fătu, Pastia, Poni, Tacu, Șendrea and Suciu.Mihalache, pp. 83, 85–86 This ceremony allowed the "Reds" to obscure their participation in the 1866 coup and reemerge as legatees of the Cuza regime.Mihalache, p.
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He made Joan and Robert his residuary legatees. She later married one Thomas Aylwin or Ayleward of Eversley, a witness to the will. He is also reputed to have been the father of one John Lee (d.1609) who was a Fellow of St John's College, Oxford, and graduated MA in 1591.
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If an executor pays the heirs or legatees more than they were entitled to, there is unjustified enrichtment, so the executor may recover the excess from them by means of the condictio indebiti. Similarly, an executor may reclaim from concurrent creditors an overpayment made to them if the estate is subsequently found to be insolvent.
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Their commander, now called Vătaf (plural: Vătafi), was a Greek boyar, Miche.Ghibănescu, pp. 73, 75 Reduced to the role of rural legatees of the urban Paharnic, the Păhărnicei of both countries were then stripped of all their remaining tax privileges under Constantine Mavrocordatos; the Paharnici themselves were required to pay for any military levy.
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Adams died sometime between March and May 1620.Ashley, Holman, 101. His will was drafted on 2 March and executed on 4 May, naming as heirs or legatees his wife and three daughters, Elizabeth, Ann, and Mary, along with a brother George Adams.Will of Thomas Adams, Stationer of London, Documents Online, The National Archives.
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Upon death copyright is transferred by way of inheritance. The moral rights on authorship, name and inviolability are not transferred by succession, but the legatees have the right to exercise protection of the said rights (Art. 35 para. 3). The permission on use of the work in a special way is given by copyright contract (Art.
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Taylor died unmarried on 19 May 1759, aged about 80. One of his legatees was William Williamson, whom he described as ‘formerly my clerk and now at Carolina’ and who was said to be his illegitimate son. He left his estate to his ‘kinswoman, Mrs. Charlotte Williamson who lives with me’ who was probably Williamson's sister.
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The three hundred fugitives remaining free became the forebears of some five thousand Cherokees living today in the North Carolina mountains, legatees of the once- proudest Nation in Native American Indian history. And Tsali's story survives close to the scene of its original enactment, in the annual presentation of a Cherokee drama entitled Unto These Hills.
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See Carelse v Estate De Vries. If there are insufficient funds in the deceased estate to cover the total maintenance and education of minor children, the children will receive a pro rata amount. The child's right to claim for maintenance and education has preference over all heirs and legatees,Hoffmann v Herdan NO 1982 (2) SA 274 (T). and therefore must be determined first.
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She left the house in trust for her daughter Mary E. who made it her lifelong residence. After Mary E. White's death in 1940, residual legatees from Martha C. White's will rented the house. In 1948, the house's title was transferred to Donna Coates Pound. Pound's husband, Alexander White, a grandson of Robert an Martha White, was a descendant of one of Lockport's most prestigious families.
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The mayoralty of the town of Heredia designated him in October, 1821 as its representative in the Meeting of Legatees of the Mayoralties who met in Carthage on October 25 and October 26, 1821 to discuss the independence of Costa Rica from Spain. He was present on October 29, 1821 at the meeting of the Mayoralty of Carthage he signed the Record of Independence of Costa Rica.
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With the death of Wendt, his legatees sold the Adelaide Arcade lease to two Adelaide industrialists: T. E. Crompton and one Simpson. Perhaps Alfred Allen Simpson (1875–1939) or Frederick Neighbour Simpson (1877–1954), who were related to Crompton by marriage. Those gentlemen later sold it to consortium of Charles Angel (c. 1877–1943), (Malcolm Eric) Angus Scott (–1951) and Captain Johann George Arnold (c. 1863–1949).
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In his will he made three friends — Peter Finley Dunne, Harry Payne Whitney, and Francis Patrick Garvan — the residuary legatees of his estate and, thus, his publishing company. Collier evidently believed that his wife had sufficient money of her own. In fact, she did not and would receive only a few thousand dollar from her husband's will. Dunne, Whitney, and Garvan renounced the bequest so that Mrs.
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He also privately consulted in several business ventures. Galt started to submit articles to Blackwood's Magazine in late 1819, and in March 1829 he sent Blackwood the publishers the plan for "The Ayrshire legatees". Concentrating on his writing for the next several years, Galt lived at times in London, Glasgow, Edinburgh and elsewhere, writing fiction and a number of school texts under the pseudonym Reverend T. Clark.
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Legacy's assistance depends on the individual situation of the person supported. With the help of Legatees, who stay in touch with all families, Legacy ensures families receive their Legacy entitlements and access to government benefits. As well as financial help, Legacy provides companionship and assistance with the education of children. Assistance in dealing with the Army, Navy, or Air Force, or the government is provided.
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With the death of their grandfather Henry W. Corbett in 1903, Elliott and his two brothers inherited his businesses,"Gives to Charity…Liberal Bequests in H.W. Corbett's Will...Grandsons Are Made the Residuary Legatees", The Sunday Oregonian, Portland, Oregon, 5 April 1903, p. 1 and 10. including 27 downtown Portland properties,E. Kimbark MacColl with Harry H. Stein, Merchants, Money and Power: The Portland Establishment, 1843-1913.
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Johnson 35 In March 1612, one of Barley's servants died, possibly from plague. After receiving charitable remuneration from the Stationers' Company, Barley moved, first to the parish of St Katherine Cree, and later to a house on Bishopsgate. Records from St Botolph-without-Bishopsgate indicate his burial on 11 July 1614. His widow, Mary, and their son, William, were legatees of the will of Pavier.
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Box pews provided privacy and allowed the family to sit together. In the 17th century they could include windows, curtains, tables and even fireplaces, and were treated as personal property that could be willed to legatees. Sometimes the panelling was so high it was difficult to see out, and the privacy was used as a cover for non-devotional activity. William Hogarth satirized the trend in his paintings and sketches.
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Her father had left her well provided for, but she was burdened by debts accumulated by her mother and her spendthrift brother Bartholomew. In her will, she named Robert Marshall and George Berkeley co-executors and joint residuary legatees of her estate, although she knew neither man particularly well.Scott, p. 326. Due to the debts, a protracted lawsuit ensued and a large part of the estate was lost in the legal costs.
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From that time therefore she may have lost her residence at Tehidy and required alternative housing, hence her purchase of Haldon. She died in 1760, and appointed as trustees of her will her cousin Thomas Hawkins of Trewithen, and Rev. Thomas Carlyon of St. Just-in-Roseland. Her legatees included her cousin Charles Evelyn of Totnes, who assigned his inheritance in settlement of a debt to Samuel Squire, Bishop of St. Davids.
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When their mother died in 1916, Olive and her sister Dorothy inherited $4,000,000 to be divided between the girls. Both girls were already legatees under the will of their mother's uncle, Col. Oliver Hazard Payne, an early Standard Oil investor who never married. After their mother's death, her father remarried in 1921 to conspiracy theorist and anti-Mormon agitator Edith Starr Miller, a daughter of the American real estate investor William Starr Miller.
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Sylvia Ann Howland died in 1865, leaving roughly half her fortune of some 2 million dollars () to various legatees, with the residue to be held in trust for the benefit of Robinson, Howland's niece. The remaining principal was to be distributed to various beneficiaries on Robinson's death. Robinson produced an earlier will, leaving her the whole estate outright. To the will was attached a second and separate page, putatively seeking to invalidate any subsequent wills.
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Madison believed that slaves were human property, while he opposed slavery intellectually. Along with his colonization plan for blacks, Madison believed that slavery would naturally diffuse with western expansion. Madison's political views landed somewhere between John C. Calhoun's separation nullification and Daniel Webster's nationalism consolidation. Madison's Virginian "legatees" including Edward Coles, Nicolas P. Trist, and William Cabel Rives promoted Madison's moderate views on slavery into the 1840s and 1850s, but their campaign failed due to sectionalism, economic, and abolitionism forces.
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Those Army units and formations that were eligible were listed in the appendix to Army Order no. 361 of 16 October 1919. Admiralty Fleet Order 4036 dated 17 December 1919 concludes with a similar list of formations in paragraph 6, albeit those that are not eligible and therefore do not qualify for the clasp. Paragraph 4 was explicit that 'clasps earned by deceased Officers and men will be issued to their Legatees or Next of Kin entitled to receive them'.
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The legatees, among whom was Richard Copley Christie, funded the building of the hall and the adjoining Christie Library (the library was completed first and opened in 1898). The inside of Whitworth Hall The hall is constructed of sandstone, with red tiled roofs in fishscale bands, and is connected to the Manchester Museum to the north via a 2-storey entrance archway. The hall has two unequal storeys, consisting of 8 bays separated by buttresses. It has a large perpendicular style stained glass window facing south.
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A testator gave £12,000 in a codicil to five people on trust, saying they should invest using their discretion and ‘to apply the income.... for the purposes indicated by me to them.’ Four were told the general objects, and the fifth got detailed instructions. All accepted. The fifth also made a memorandum of the testator’s instructions, but a few hours after the codicil was executed. The residuary legatees claimed that any trust was invalid, because parol evidence was inadmissible to establish the testator’s purposes.
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Louisiana state law prohibited foreign legatees from being able to inherit if the laws of the country in which the legatee resided prevented a citizen of Louisiana from receiving a similar inheritance. Scots Law allowed only British citizens to inherit a legacy. Lengthy litigation was brought by the Duke of Richmond and Gordon on behalf of the town of Fochabers. Louisiana courts twice ruled that the legacy could not be granted but eventually on appeal to the Supreme Court of Louisiana, the bequest was finally allowed.
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It thus also makes it possible for the legator to gain promises from legatees. The legatee provides a stipulatio or cautio, promising something in return for a legacy. Thus, for example, it may be stipulated in the negative, "I agree that I can have full and exclusive use of, and live in the house, so long as I am not married." The cautio muciana is one of a long list of legal devices invented used by the Romans to address practical situations without changes of general principles.
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The right of accrual, then, is the right co-heirs and co- legatees have of inheriting a share which a co-heir or co-legatee cannot, or does not wish to, receive. Accrual can, however, only operate if provision is not made for substitution either by the testator himself or herself, or ex lege through the operation of section 2C of the Wills Act. Whether or not accrual operates in certain circumstances depends on the intention of the testator as it appears from the will. The testator may make some express provision on the point.
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The paternity suit, and subsequent suits – including appeals – extended through about 1952 and were internationally publicized, particularly in gossip columns and tabloids. The litigation has endured as case law with, among other things, treatises addressing the rights of illegitimate offspring against legitimate heirs in races for inheritance. The upshot was that Schumm's paternity suit against Beery's estate put would-be half-siblings and other would-be family legatees, including a would-be uncle, Noah Beery, Sr., in the position as de facto defendants. Phyllis Ann Riley was not named in Beery's will.
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He retained ownership of the Home Islands at the southwestern tip of the atoll, and they are co- owned today by dozens of his descendants and others. His land title, passed to the Fullard-Leos and his own legatees, was confirmed by the U. S. Supreme Court in U.S. v. Fullard-Leo, 331 U.S. 256 (1947) United States v. Fullard-Leo after it was disputed by the U. S. military. The largest island of the group is called Cooper Island, despite a proposed name change to Samarang Island in 2003.
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42 Its first proponent was Quintus Mucius Scaevola Pontifex, who thus gave his name to the Roman designation for this kind of law, the cautio muciana. Cautelary law is a tentative "procedure" used by lawyers. Initially, in Ancient Rome, the idea of inheritance as being subject to conditions was not in practice. With cautio muciana it gave those who are to inherit a legacy, the legatees, a "negative authority" over something which otherwise would not have occurred until the death of the owner of the legacy, the legator.
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On February 28, 2006, the case was argued. May 1, 2006, the United States Supreme Court unanimously decided the case in favor of Anna Nicole Smith on the question of federal jurisdiction.. The Court held that federal courts have jurisdiction to entertain suits to determine the rights of creditors, legatees, heirs, and other claimants relating to an estate, so long as the federal court does not probate a will, administer an estate, take control of assets being administered by the probate court or interfere with the probate proceedings.
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Donaldson was born on 2 April 1979 in Waratah, New South Wales, the younger son of Greg, a Vietnam War veteran, and Bernadette Donaldson. He grew up in the small northern New South Wales township of Dorrigo, attending Dorrigo High School, a small state public school, until 1996. In 1995 his father died suddenly of a heart attack and Mark and his brother became wards of Legacy, one of their legatees being a former member of the same Army unit their father had served in. In 1998, when Donaldson was 19 and attending art college in Sydney, his mother disappeared.
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This position is accepted by proponents of the universal-or-particular-successors distinction, as it has been agreed that the doctrine applies not only to purchasers of leased property, but also to gratuitous successors in title of the original lessor. Therefore, the lessee in occupation acquires a limited real right for the duration of the lease. Every successor in title will be bound by the lease. On both approaches, even if neither the lessee nor anyone else holding under or through him is in occupation, a short lease is effective against heirs, legatees, donees and other gratuitous particular successors.
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Rice was the victim of one of the earliest sensational crimes of the 1900s. In 1893, Rice made a new will, naming as executors James A. Baker Sr., a lawyer who often worked for him, William M. Rice Jr., his nephew, and John D. Bartine. The value of Rice's estate at the time was estimated at about $4 million. The new will instructed the executors to divide his property into two equal parts, one to be bequeathed to the Rice Institute, the other to be divided into shares and distributed to his wife Elizabeth Baldwin Rice and other legatees.
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Members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim; otherwise, they are heirs presumptive. There is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. In modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. Takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, sequesters for personal property (except money), or legatees for money.
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In the series, Reggie's circle of family and friends are told by lawyer Geraldine Hackstraw that each will inherit one million pounds, on the one condition that they do something totally absurd. The nature of their absurd task is left to the individuals, but it is to be judged by Ms Hackstraw. Most of them have fallen on hard times, having in the main been forced to retire or been made redundant due to their age. After several pathetic solo attempts at being absurd (including both C.J. and Doc asking out Geraldine), the potential legatees decide to pool forces and, with Jimmy as leader, decide to mount a bloodless coup.
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The estates of all persons, whether dying testate or intestate, are administered and wound up by executors under letters of executorship granted to them by the Master of the High Court. If the deceased's will appoints specified persons as executors, the Master grants the letters to such persons; they are termed executors testamentary. Where no executors are appointed by will, and after consulting the heirs, the legatees and the creditors of the deceased, the Master appoints one or more persons as executors; they are termed executors dative. Executors testamentary who are conferred the power of assumption by a will may appoint co-executors; the latter are termed executors assumed.
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The only persons liable to collate are descendants who are heirs on intestacy or legatees under a deceased's will (provided that they would have been his heirs had there been no will); and hence a grandchild, whose father is alive, and who is a legatee under his grandfather's will, need not collate. If his father is dead, however, he must collate not only what he has received from his grandfather, but also amounts his father received. Collation applies only to heirs who have adiated. If an inheritance is repudiated, the heirs who receive the inheritance by accrual will be required to collate what the repudiating heir would have had to collate.
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The legatees of Ottmar Strauß tried to get back the shares they once owned in the company, but were unsuccessful. Several years and lawsuits later, they received seven million Deutsche Marks, a fraction of the original value.Phoenix (german TV-channel): Das Erbe der Väter – Wie der Otto Wolff-Konzern arisch wurde (the legacy of the fathers – how the Otto Wolff-concern became arian), documentary film by Gert Monheim and Jürgen Naumann, 2005 (page viewed on June 30th, 2009) The partnership became a public limited company in 1966, with Otto Wolff von Amerongen continuing as chairman until 1986. The company was acquired by Thyssen in 1990.
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Christie was a friend of the industrialist Sir Joseph Whitworth. By Whitworth's will, Christie was appointed one of three legatees, each of whom was left more than half a million pounds for their own use, ‘they being each of them aware of the objects’ to which these funds would have been put by Whitworth. They chose to spend more than a fifth of the money on support for Owens College, together with the purchase of land now occupied by the Manchester Royal Infirmary. In 1897, Christie personally assigned more than £50,000 for the erection of the Whitworth Hall, to complete the front quadrangle of Owens College.
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In his will, Shaw ordered that, after some specified legacies, his remaining assets were to form a trust to pay for fundamental reform of the English alphabet into a phonetic version of forty letters. Though Shaw's intentions were clear, his drafting was flawed, and the courts initially ruled the intended trust void. A later out-of-court agreement provided a sum of £8,300 for spelling reform; the bulk of his fortune went to the residuary legatees—the British Museum, the Royal Academy of Dramatic Art and the National Gallery of Ireland. Most of the £8,300 went on a special phonetic edition of Androcles and the Lion in the Shavian alphabet, published in 1962 to a largely indifferent reception.
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The proposal of the Individual Freedoms and Equality Committee (COLIBE) to introduce this equality while leaving the legatees the choice of using the old system based on the Qur'an also attracts criticism from the candidate, who sees it as "the door open to customary marriages and discrimination between women themselves". She was elected deputy for the second constituency of Tunis in the legislative elections of 2019. In June 2020, Moussi sharply criticized speaker of the parliament Rached Ghannouchi and his political party the Ennahda Movement for his ties to the Muslim Brotherhood and for spreading Islamist ideology in Tunisia. Moussi claimed that Ghannouchi were trying to divide Tunisians based on religious views and re-write Tunisian history.
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The cy-près doctrine applies to two types of situations: subsequent failures and initial failures. Subsequent failures are where money has already been applied to a charitable purpose, and that purpose has failed. It does not allow the next of kin of the original donor to recover any money, as said in Re Wright:[1954] 2 All ER 98 "Once money has been effectually dedicated to charity, whether in pursuance of a general or a particular charitable intent, the testator's next of kin or residuary legatees are forever excluded". The courts instead simply determine whether or not the reason for failure falls within Section 13, based on the basic intention underlying the original gift.
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Charles Rockwell Lanman was born in Norwich, Connecticut, the eighth of the nine children of Peter Lanman III and Catherine (Cook) Lanman on July 8, 1850. His mother died when he was three years old, and his aunt Abigail (Abby) Trumbull Lanman helped raise him. His Aunt Abby was an artist, and as one of two legatees of the estate of her great uncle American Revolutionary War artist John Trumbull, inherited many of Trumbull's Revolutionary War period paintings and sketches. At age ten, a young Charles Lanman read a copy of the Journal of the American Oriental Society containing a translation of a textbook of Hindu astronomy, which sparked his interest in Sanskrit.
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Plaque from the memorial in Whitworth Park, Darley Dale erected in 1894 Richard Copley Christie was a friend of Whitworth's. By Whitworth's will, Christie was appointed one of three legatees, each of whom was left more than half a million pounds for their own use, ‘they being each of them aware of the objects’ to which these funds would have been put by Whitworth. They chose to spend more than a fifth of the money on support for Owens College, together with the purchase of land now occupied by the Manchester Royal Infirmary. In 1897, Christie personally assigned more than £50,000 for the erection of the Whitworth Hall, to complete the front quadrangle of Owens College.
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A condition of the gift was that Brougham and Offley were not to make public any of his writings after his decease; and in 1692, on Sir Peter Pett publishing what he called the bishop's 'Genuine Remains,' the two legatees 'delay'd no time' in issuing a vindication, calling Sir Peter Pett and the vicar of Buckden (where the bishop had died) 'confederate pedlars.' The title of this vindication of their master was 'Reflections to (sic) a late Book entituled The Genuine Remains of Dr. Tho. Barlow, late Bishop of Lincoln, Falsely pretended to be published from his lordship's Original Papers.' It was written by Henry Brougham, and was published in 1694, with a list of Socinian writers (Latin), declared to be the bishop's real list, annexed.
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The Christie Hospital had its beginnings in the largesse of Sir Joseph Whitworth, a wealthy Mancunian inventor who left money in his will in 1887. He wanted this to be spent on good causes in Manchester and entrusted his bequest to three legatees, one of whom was Richard Copley Christie. Consequently, some of that money was used to buy land off Oxford Road, adjacent to Owens College and intended to allow the movement of the central Manchester hospitals out of the crowded city centre. A committee chaired by Christie was established in 1890 and, partly funded by a legacy of £10,000 from Daniel Proctor, a Cancer Pavilion and Home for Incurables was founded on the site in 1892 some distance south-east of the eye hospital.
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A codicil to the will, dated 4 December 1777, at Westminster, gave his two daughters by his first marriage, Elizabeth and Sarah, a tract of land in Prince William Parish in South Carolina, and one hundred pounds sterling to his sister-in-law Margaret Smith. The legatees in trust, John Smith of Georgia and Thomas Forbes of Charles Town, were charged with selling the estate to pay his debts, and the rest to be divided between his children Mary, Adam, Caroline and Jane. He appointed John Smith, Thomas Forbes, William Panton, and John Torrans his executors in America, and joined Grey Elliott, formerly of Georgia, and now of Knightsbridge, county Middlesex, with Greenwood and Higginson as executors in Great Britain only.
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He was a member of the 1755 committee that drew up the first proposal for siting a royal academy in London. On 8 March 1758 he was elected to be a member of the Society for the Encouragement of Arts, Manufactures, and Commerce, then in its infancy. He exhibited at the Free Society of Artists from 1763 to 1766. Among the legatees of his will, dated 8 March 1767, were his ‘dear friend Mrs Sarah Rice’, ‘two marble heads said to be done by Bernini to my intimate friend Mr Robt [D?]ossie of Wardour Street, Soho’, and ‘a half-length picture of a Lady by Vandyke and a small landscape by Gaspar Poussin to John Bristow Esqr Keeper of His Majesties Lions in the Tower’.
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At her death, Mary Blount left a substantial amount of money, much of which was divided among her relatives and friends, her legatees numbering some sixty in total. Her will also contained a bequest for the "building of a Protestant Episcopal Church in the City of Raleigh", to be paid for by "a large sum of money now due to me by virtue of the will of my late husband"; the amount of this sum is believed to have been between $10,000 and $15,000. The agents for the bequest were to be Duncan Cameron and the Reverend William Hooper. The church lot was purchased in 1826, and a frame church building was erected; this was later replaced with the current building.
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On 30 March 1888, Chapman assigned his life interest in his father's estates to his younger brother Francis Chapman, in exchange for a life annuity of £200. Their father, William Chapman, died in 1889, leaving the bulk of his property to his son Francis. However, Chapman also had (or later inherited) some capital, which by 1916 was more than £20,000, producing at the time an annual income of some £1,000, a substantial figure. Chapman (otherwise Mr Lawrence) was probably disappointed when his brother Francis died unmarried in 1915, leaving him only £25,000 of his estate of £120,296, with £10,000 going to the Adelaide Hospital in Dublin and £25,000 being shared by Chapman's legitimate offspring, his four daughters, who were also the residuary legatees.
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Such a claim is preferent to the claims of heirs and, if the inheritances are insufficient, to the claims of legatees, but it cannot compete with the claims of normal creditors. The executor is liable for the debts only to the extent of the assets in the estate. If the estate is solvent, the executor must pay the creditors as soon as funds sufficient for that purpose have been raised out of the estate, subject to there being no valid objection to his liquidation and distribution account. If the executor does not have sufficient free cash in hansets belonging to the estate in order to raise the necessary amount, but he may not sell assets bequeathed as legacies unless there are no other assets to meet the debts.
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2000 In 1721, he took Holy Orders in the Church of Ireland, earning his doctorate in divinity, and once again chose to remain at Trinity College Dublin, lecturing this time in Divinity and in Hebrew. In 1721/2 he was made Dean of Dromore and, in 1724, Dean of Derry. In 1723, following her violent quarrel with Jonathan Swift, who had been her intimate friend for many years, Esther Vanhomrigh (for whom Swift had created the nickname "Vanessa") named Berkeley her co-heir along with the barrister Robert Marshall; her choice of legatees caused a good deal of surprise since she did not know either of them well, although Berkeley as a very young man had known her father. Swift said generously that he did not grudge Berkeley his inheritance, much of which vanished in a lawsuit in any event.
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Subsequent failure cases are designed to have the charity's funds applied to more effective purposes, and as such money already donated to the charity cannot be returned to the next of kin of the original money; in Re Wright,[1954] 2 All ER 98 it was said that "once money has been effectually dedicated to charity the testator's next of kin or residuary legatees are for ever excluded".Edwards (2007) p.243 Schemes for initial failure, on the other hand, ask the court to decide whether the gifts should be returned to the testator's estate and next of kin or be applied to a new purpose under cy-pres. When deciding if a gift has failed, there is a distinction made between gifts to unincorporated bodies and incorporated bodies, as laid down in Re Vernon's Will Trust.
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In his own will of 31 October 1519 Palmes asked to be buried in his parish church of St. George, York, whither his body was to be escorted by friars from the four York houses and by members of the Corpus Christi guild, and to have prayers said for him and his family locally for seven years and at Roecliffe for ever. He made numerous bequests of lands and goods to his family, and named as executors and residuary legatees his wife, Sir William Bulmer and Sir Guy Dawny, Thomas Langton and James Duffelde, gentlemen, Richard Ellis, clerk, and William Marshall. The will was proved on 11 January 1520 and an inquisition post mortem held at York castle on 27 (?)April 1520 found that Palmes had died on 1 Oct. (sic) 1519 leaving as his heir a 20-year- old son Nicholas.
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In most cases the laws of English heraldry preclude the transmission of paternal armorials via a female heiress (other than in the form of quartering), thus most of these inheritors via female lines, generally deriving from the same pool of high-status English armigerous families, bring their own paternal heraldry, possibly previously foreign to Devon, to the estates inherited. For example, the Irish arms of Gore (Earl of Arran) are now associated with Castle Hill, Filleigh, until 1958 the seat of the last male representative of the Fortescue family which originated in Devon in the 12th century. In a few cases however, male heirs via female lines have been required by the legator to seek royal licence to adopt his own arms and surname, otherwise destined to disappearance, in lieu of the legatees own. This was the case with the families most notably of Rolle, Basset, Stucley, Walrond, etc.
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90–92 (Internet Archive). Samuel Cradock's son, Samuel Cradock Jnr (1621–1706), was admitted to Emmanuel (1637), graduated (BA (1640–1); MA (1644); BD (1651)), was later a Fellow (1645–56), and pupil of Benjamin Whichcote.Venn, Alumni Cantabrigienses, i(1), p. 411; J.C. Whitebrook, 'Samuel Cradock, cleric and pietist (1620–1706): and Matthew Cradock, first governor of Massachusetts', Congregational History Society, 5(3), (1911), pp. 183–90; S. Handley, 'Cradock, Samuel (1620/21–1706), nonconformist minister', Oxford Dictionary of National Biography. After part of the Medford estate was rented to Edward Collins (1642), it was placed in the hands of an attorney; the widow Rebecca Cradock (whose second and third husbands were Richard Glover and Benjamin Whichcote, respectively), petitioned the General Court of Massachusetts, and the legatees later sold the estate to Collins (1652).Brooks, The History of the Town of Medford, pp 41–43, and p. 93 (Internet Archive).
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When the will was offered for probate in Massachusetts, there was objection by the heirs upon the grounds, among others, of lack of testamentary capacity and undue influence. After a hearing, the probate court granted a motion for the framing of issues for trial before a jury. In that situation, a compromise agreement was entered into between the heirs, the legatees, the devisees, and the executors under the will and the Attorney General of Massachusetts. This agreement provided that the will should be admitted to probate and letters testamentary issued; that the specific and pecuniary bequests to individuals should be enforced; that the bequest of the residuary estate to the Endowment Trust should be disregarded; that $200,000 should be paid to the heirs, and a like amount to the Endowment Trust, and that the net residue of the estate, as defined, should be equally divided between the trustees of the Endowment Trust and the heirs.
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Under the Roman-Dutch system of universal succession, the beneficiaries’ right to their portions of the deceased's assets was a real right, since the right was said to vest in the beneficiaries at the death of the deceased, without any formal delivery or transfer; so it was said that a real right is conferred on the beneficiaries, be they legatees or heirs. However, after adoption of the English system of estate administration in the 19th century, the beneficiaries’ right to inherit is no longer absolute, nor is it assured. If the deceased's estate, after confirmation of the liquidation and distribution account, is found to be insolvent, none of the beneficiaries will obtain any assets at all. In the case of a legacy, the legatee will obtain the property bequeathed to him only: # if the property belonged to the testator (for the will of one person cannot confer a real right in favour of another person over property belonging to a third person); and # if the deceased's assets not left as legacies are sufficient to pay his debts.
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Dr. Sacewicz may have been the model for Stefan Żeromski's Dr. Judym in the novel, Ludzie bezdomni (Homeless People)—a character resembling Dr. Stockman in Henrik Ibsen's play, An Enemy of the People. Prus, known for his affection for children, took a lively interest in little Jan, as attested by a prolific correspondence with Jan's mother (whom Prus attempted to interest in writing). Jan Sacewicz became one of Prus's major legatees and an engineer, and died in a German camp after the suppression of the Warsaw Uprising of August–October 1944. Coat-of-arms that inspired the pen-name "Bolesław Prus" Though Prus was a gifted writer, initially best known as a humorist, he early on thought little of his journalistic and literary work. Hence at the inception of his career in 1872, at the age of 25, he adopted for his newspaper columns and fiction the pen name "Prus" ("Prus I" was his family coat-of-arms), reserving his actual name, Aleksander Głowacki, for "serious" writing. An 1878 incident illustrates the strong feelings that can be aroused in susceptible readers of newspaper columns.
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