This will of Ralph Johnson divides his estate among his children and other beneficiaries. It names his brother Kevin Q. Johnson as executor and gives him broad powers to administer the estate. Specific bequests include Johnson's NFL pension, business assets, stocks and bank accounts being divided among his children, and cars and other personal property going to individual children. The residuary estate is to be divided equally among the children with certain exceptions. The will outlines payments of debts, expenses and taxes and grants the executor broad administrative powers to manage the estate.
This document appears to be a last will and testament. It names executors to administer the estate and outlines how the testator's assets and property should be distributed after their death. The bulk of the estate is to be divided into equal parts and held in trust for various beneficiaries, with detailed provisions governing the operation and management of the trusts. The will was signed by the testator in the presence of two witnesses.
Maryam Vaghefi drafted a last will and testament leaving her estate to various beneficiaries. She appoints her brother Mohammadmehdi Vaghefi as executor of her estate. Her assets include a residence in Iran, a bank account jointly held with her brother, a vehicle, and jewelry. She leaves her personal property to her parents and brother. The residue of her estate is left to a charity supporting children with cancer, or if the charity does not survive her, to her brother. If he does not survive her, to her father. The will provides powers to the executor and details regarding contesting the will.
Last Will & Testament of Diana, Princess of Wales
I DIANA PRINCESS OF WALES of Kensington Palace London W8 HEREBY REVOKE all former Wills and testamentary dispositions made by me AND DECLARE this to be my last Will which I make this First day Of June One thousand nine hundred and ninety three
1 I APPOINT my mother THE HONOURABLE MRS FRANCES RUTH SHAND KYDD of Callinesh Isle of Seil Oban Scotland and COMMANDER PATRICK DESMOND CHRISTIAN JERMY JEPHSON of St James's Palace London SW1 to be the Executors and Trustees of this my Will
2 I WISH to be buried
3 SHOULD any child of mine be under age at the date of the death of the survivor of myself and my husband I APPOINT my mother and my brother EARL SPENCER to be the guardians of that child and I express the wish that should I predecease my husband he will consult with my mother with regard to the upbringing education and welfare of our children
4 (a) I GIVE free of inheritance tax all my chattels to my Executors jointly (or if only one of them shall prove my Will to her or him)
(b) I DESIRE them (or if only one shall prove her or him)
(i) To give effect as soon as possible but not later than two years following my death to any written memorandum or notes of wishes of mine with regard to any of my chattels
(ii) Subject to any such wishes to hold my chattels (or the balance thereof) in accordance with Clause 5 of this my Will
(c) FOR the purposes of this Clause "chattels" shall have the same meaning as is assigned to the expression "personal chattels" in the Administration of Estates Act 1925 (including any car or cars that I may own at the time of my death)
(d) I DECLARE that all expenses for the safe custody of and insurance incurred prior to giving effect to my wishes and for packing transporting and insurance for the purposes of the delivery to the respective recipients of their particular chattels shall be borne by my residuary estate
5 SUBJECT to the payment or discharge of my funeral testamentary and administration expenses and debts and other liabilities I GIVE all my property and assets of every kind and wherever
situate to my Executors and Trustees Upon trust either to retain (if they think fit without being liable for loss) all or any part in the same state as they are at the time of my death or to sell whatever and wherever they decide with power when they consider it proper to invest trust monies and to vary investments in accordance with the powers contained in the Schedule to this my Will and to hold the same UPON TRUST for such of them my children PRINCE WILLIAM and PRINCE HENRY as are living three months after my death and attain the age of twenty five years if more than one in equal shares PROVIDED THAT if either child of mine dies before me or within three months after my death and issue of that child are living three months after my death and attain the age of twenty one years such issue shall take by substitution if more than one in equal shares per sti
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
This document provides an overview of specific relief under Indian law. It discusses key concepts like specific performance of contracts and recovery of possession of property. Specific relief refers to a form of judicial remedy where a party is compelled by a civil court to do or refrain from doing a certain act. The Specific Relief Act of 1877 governs specific relief in India and is based on principles of equity. It allows for specific performance of contracts for sale of immovable property, partial performance of contracts where part of the obligation cannot be fulfilled, and rights of purchasers against vendors with imperfect title. Certain types of contracts cannot be specifically enforced, such as those requiring continuous performance over 3 years or those with uncertain terms.
This document is a prenuptial agreement between two parties getting married. It outlines that each party's property and assets acquired before and during the marriage will remain separate. It details what constitutes separate vs. community property. It also establishes terms for contributing to shared living expenses during the marriage and divides responsibility for debts incurred before vs. during the marriage. The agreement states that in the event of a divorce, each party's proportionate interest in increases in home value will reflect their relative monetary and non-monetary contributions during the marriage.
This document appears to be a last will and testament. It names executors to administer the estate and outlines how the testator's assets and property should be distributed after their death. The bulk of the estate is to be divided into equal parts and held in trust for various beneficiaries, with detailed provisions governing the operation and management of the trusts. The will was signed by the testator in the presence of two witnesses.
Maryam Vaghefi drafted a last will and testament leaving her estate to various beneficiaries. She appoints her brother Mohammadmehdi Vaghefi as executor of her estate. Her assets include a residence in Iran, a bank account jointly held with her brother, a vehicle, and jewelry. She leaves her personal property to her parents and brother. The residue of her estate is left to a charity supporting children with cancer, or if the charity does not survive her, to her brother. If he does not survive her, to her father. The will provides powers to the executor and details regarding contesting the will.
Last Will & Testament of Diana, Princess of Wales
I DIANA PRINCESS OF WALES of Kensington Palace London W8 HEREBY REVOKE all former Wills and testamentary dispositions made by me AND DECLARE this to be my last Will which I make this First day Of June One thousand nine hundred and ninety three
1 I APPOINT my mother THE HONOURABLE MRS FRANCES RUTH SHAND KYDD of Callinesh Isle of Seil Oban Scotland and COMMANDER PATRICK DESMOND CHRISTIAN JERMY JEPHSON of St James's Palace London SW1 to be the Executors and Trustees of this my Will
2 I WISH to be buried
3 SHOULD any child of mine be under age at the date of the death of the survivor of myself and my husband I APPOINT my mother and my brother EARL SPENCER to be the guardians of that child and I express the wish that should I predecease my husband he will consult with my mother with regard to the upbringing education and welfare of our children
4 (a) I GIVE free of inheritance tax all my chattels to my Executors jointly (or if only one of them shall prove my Will to her or him)
(b) I DESIRE them (or if only one shall prove her or him)
(i) To give effect as soon as possible but not later than two years following my death to any written memorandum or notes of wishes of mine with regard to any of my chattels
(ii) Subject to any such wishes to hold my chattels (or the balance thereof) in accordance with Clause 5 of this my Will
(c) FOR the purposes of this Clause "chattels" shall have the same meaning as is assigned to the expression "personal chattels" in the Administration of Estates Act 1925 (including any car or cars that I may own at the time of my death)
(d) I DECLARE that all expenses for the safe custody of and insurance incurred prior to giving effect to my wishes and for packing transporting and insurance for the purposes of the delivery to the respective recipients of their particular chattels shall be borne by my residuary estate
5 SUBJECT to the payment or discharge of my funeral testamentary and administration expenses and debts and other liabilities I GIVE all my property and assets of every kind and wherever
situate to my Executors and Trustees Upon trust either to retain (if they think fit without being liable for loss) all or any part in the same state as they are at the time of my death or to sell whatever and wherever they decide with power when they consider it proper to invest trust monies and to vary investments in accordance with the powers contained in the Schedule to this my Will and to hold the same UPON TRUST for such of them my children PRINCE WILLIAM and PRINCE HENRY as are living three months after my death and attain the age of twenty five years if more than one in equal shares PROVIDED THAT if either child of mine dies before me or within three months after my death and issue of that child are living three months after my death and attain the age of twenty one years such issue shall take by substitution if more than one in equal shares per sti
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
This document provides an overview of specific relief under Indian law. It discusses key concepts like specific performance of contracts and recovery of possession of property. Specific relief refers to a form of judicial remedy where a party is compelled by a civil court to do or refrain from doing a certain act. The Specific Relief Act of 1877 governs specific relief in India and is based on principles of equity. It allows for specific performance of contracts for sale of immovable property, partial performance of contracts where part of the obligation cannot be fulfilled, and rights of purchasers against vendors with imperfect title. Certain types of contracts cannot be specifically enforced, such as those requiring continuous performance over 3 years or those with uncertain terms.
This document is a prenuptial agreement between two parties getting married. It outlines that each party's property and assets acquired before and during the marriage will remain separate. It details what constitutes separate vs. community property. It also establishes terms for contributing to shared living expenses during the marriage and divides responsibility for debts incurred before vs. during the marriage. The agreement states that in the event of a divorce, each party's proportionate interest in increases in home value will reflect their relative monetary and non-monetary contributions during the marriage.
In Vermont, lenders have two options to foreclose on a property in default: strict foreclosure or power of sale foreclosure. For strict foreclosure, the lender files a lawsuit and the borrower has 6-12 months to redeem the property. For power of sale foreclosure, the lender can foreclose either judicially by filing a lawsuit or non-judicially without court involvement, depending on the type of property. The process requires notice to the borrower and allows redemption until the foreclosure sale. At the sale, the property is auctioned to the highest bidder.
recently there ismeaure amendments in the Specific Relief Act and the public infrastruture projects are given preference as due to injunctions there was delay in public projects causing huge loss the public exchequer.
1. Short title, extent and commencement.—(1) This Act may be called the Specific Relief Act, 1963.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint.
The document discusses Indian succession laws and wills. It provides information on:
1) Indian succession laws govern the distribution of a person's property after death if they do not have a will. People should make wills to ensure their wishes are followed.
2) Indian Succession Act 1925 applies to wills made by certain religious groups. A will must be signed by the testator and witnessed by two people.
3) A will sets out how a person's assets will be distributed after their death. It should specify beneficiaries, executors, and guardians for minor children.
This document provides an overview of the Specific Relief Act of 1963 in India. Some key points:
- The Act defines and amends laws related to specific types of relief. It extends to all of India except Jammu and Kashmir.
- The Act covers recovering possession of property, specific performance of contracts, and outlines which contracts can and cannot be specifically enforced.
- It establishes that specific relief can only be granted to enforce individual civil rights, not penal laws. Specific performance of contracts depends on factors like whether compensation is adequate and whether the court can supervise performance.
- The Act specifies who can obtain specific performance, such as parties to a contract or their representatives, and limits it in some
This document provides information on the Specific Relief Act 1950 of Malaysia. It summarizes the contents and organization of the Act, which relates to specific relief in legal matters. The Act contains three parts covering preliminary matters, specific relief, and preventive relief. Specific relief includes recovering possession of property, specific performance of contracts, rectification of instruments, rescission of contracts, and more. Preventive relief deals with injunctions. The document provides an overview of the purpose and scope of the Specific Relief Act 1950 in Malaysia.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
This residential lease agreement is between Mrs. Elia Alaniz as the landlord and the tenant for an apartment located at 2520 Norton Apt. # for a period starting on a commence date and automatically renewing each year. The tenant must provide 1 month written notice before moving out. The tenant must pay $595 per month in rent due by the 4th of each month along with additional fees for late payments or returned checks. The tenant agrees to various responsibilities regarding occupancy, property condition, repairs and notices.
This document summarizes the law around cancellation of instruments in India. It discusses the key sections of the Specific Relief Act (Sections 39, 40, 41) regarding when instruments can be cancelled and who can file suits. It outlines the essential elements to file a suit, including that the instrument must be written, void/voidable, and if left outstanding may cause serious injury. It provides examples of the scope of cancellation for different types of instruments like gift deeds, mortgage deeds, and sale deeds.
LEASE CANCELLATION AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document summarizes Illinois foreclosure law. It states that judicial foreclosure is available, while non-judicial foreclosure is not. It also notes that deficiency judgments are allowed, but the borrower has no right of redemption. The summary describes the judicial foreclosure process, including the 30 day notice, sheriff's sale, and that the borrower has no post-sale redemption rights. It also briefly outlines deed in lieu of foreclosure and consent foreclosure as alternatives to judicial foreclosure.
This document provides an overview and summary of South African law of succession. It discusses key concepts such as:
1) Intestate succession - how an estate is distributed when someone dies without a will. The rules of intestate succession are regulated by the Intestate Succession Act and depend on the deceased's family relationships.
2) Testamentary succession - how an estate is distributed according to a will. A will must meet certain formalities to be valid like being signed by the deceased and witnesses.
3) Amending and revoking wills - the processes and formalities for amending or revoking an existing will in South Africa. A will can be expressly or tacitly revoked through subsequent actions
Effects of acknowledgement of limitation actHinal Thakkar
The document discusses acknowledgement under Section 18 of the Limitations Act. Some key points:
- An acknowledgement must admit liability for a debt and be in writing and signed before the limitation period expires. It renews the limitation period from the signing date.
- The writing does not need to specify the exact property or right, and can include a refusal to pay or set-off claim. It can be addressed to someone other than the entitled person.
- For an acknowledgement to be valid, it must acknowledge an existing liability and relate to a present subsisting legal relationship between the parties, even if it does not promise payment or specify the liability. The intention can be inferred from the admission.
The document provides an overview of the Specific Relief Act 1963 in India. It discusses:
1) The Act defines and amends the law relating to specific relief for enforcing civil rights. It does not apply to penal rights.
2) The Act provides for seven types of specific relief: recovery of possession of property, specific performance of contracts, rectification of instruments, rescission of contracts, cancellation of instruments, declaratory decrees, and preventive relief.
3) Specific performance of contracts can be granted for immovable property transactions but generally not for movable property where compensation is adequate.
This document provides information about a public auction for a seized single family home located at 90-23 201st Street in Hollis, New York. The home includes 3 bedrooms, 1 bathroom, a kitchen, living room, dining room, and driveway on a lot of 2,300 square feet. It will be auctioned on August 25, 2011 with registration beginning at 11:00 AM and auction starting at 12:00 PM at the property site. A deposit of $15,000 is required.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
This document is a sale and purchase agreement between a vendor and purchaser for a property. Key details:
- The vendor agrees to sell and the purchaser agrees to buy a property for RM152,660, subject to terms in the agreement.
- The purchaser pays a deposit and will pay the balance of RM137,394 within 3 months of the unconditional date.
- The vendor will execute documents to transfer the property to the purchaser, including a memorandum of transfer, which will be deposited with solicitors for adjudication upon completion of payment.
- Upon full payment and registration of transfer documents, legal possession of the property will be delivered to the purchaser.
Harold Carter's will provides for the distribution of his estate upon his death. He leaves all tangible personal property to his wife Wilma, or if she does not survive, to his three children. The will names Wilma as the primary executor and outlines successor executors. The residual estate is left to Wilma if she survives, and if not, in equal shares to the three children. The will grants powers to the executor and names guardians for any minor beneficiaries.
DURABLE POWER OF ATTORNEY State of Florida County of ___AlyciaGold776
DURABLE POWER OF ATTORNEY
State of Florida
County of ____________________________
KNOW ALL MEN BY THESE PRESENTS, that I,__________________________________, of ____________________,
(name) (county)
Florida, as authorized by Florida law, do hereby appoint,_______________________________________________________
(name)
To manage and conduct my affairs. This power of attorney shall be non-delegable except as otherwise provided in Florida Statutes,
and shall be valid and effective from date hereof until such time as I shall die or revoke the power. This durable power of attorney is
not affected by subsequent incapacity of the principal except as provided in Florida Statutes.
The property subject to this durable power of attorney shall include all real and personal property owned by me, my
interest in al property held in joint tenancy, my interest in all non-homestead property held in tenancy by the entirety, and all
property over which I hold power of appointment and shall also include authority to sell, mortgage or convey my homestead
property.
Without limiting the broad powers intended to be conferred by the preceding provisions, I expressly authorize my attorney
acting hereunder in a fiduciary capacity to do and execute all or any of the following acts, deeds, and things for my benefit an d on
my behalf.
1. COLLECTION POWERS: To ask, demand, sue for, recover, collect, receive all sums of money, bank deposits, chattels
and other real or personal property, tangible or intangible, of whatsoever nature or description that may be due,
owing, payable or belonging to me, and to execute and deliver receipts, releases, cancellations or discharges.
2. PAYMENT POWERS: To settle any account or reckoning whatsoever wherein I now am or at any time hereafter shall
be in any way interested or concerned with any person whomsoever, and to pay or receive the balance thereof as the
case may require.
3. SAFE DEPOSIT BOXES: To enter any safe deposit or other place of safekeeping standing in my name with full authority
to remove any and all the contents thereof and to make additions, substitutions and replacements, specifically
including any safe deposit box in my name jointly with my spouse or any other person.
4. BANKING POWERS:
(a) To borrow any sum or sums of money on such terms and with such security, whether real or personal property
belonging to me, as my attorney may think fit, and to execute any and all notes, mortgages and other
instruments which my attorney may deem necessary or desirable.
(b) To draw, accept, make, endorse or otherwise deal with any ...
In Vermont, lenders have two options to foreclose on a property in default: strict foreclosure or power of sale foreclosure. For strict foreclosure, the lender files a lawsuit and the borrower has 6-12 months to redeem the property. For power of sale foreclosure, the lender can foreclose either judicially by filing a lawsuit or non-judicially without court involvement, depending on the type of property. The process requires notice to the borrower and allows redemption until the foreclosure sale. At the sale, the property is auctioned to the highest bidder.
recently there ismeaure amendments in the Specific Relief Act and the public infrastruture projects are given preference as due to injunctions there was delay in public projects causing huge loss the public exchequer.
1. Short title, extent and commencement.—(1) This Act may be called the Specific Relief Act, 1963.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint.
The document discusses Indian succession laws and wills. It provides information on:
1) Indian succession laws govern the distribution of a person's property after death if they do not have a will. People should make wills to ensure their wishes are followed.
2) Indian Succession Act 1925 applies to wills made by certain religious groups. A will must be signed by the testator and witnessed by two people.
3) A will sets out how a person's assets will be distributed after their death. It should specify beneficiaries, executors, and guardians for minor children.
This document provides an overview of the Specific Relief Act of 1963 in India. Some key points:
- The Act defines and amends laws related to specific types of relief. It extends to all of India except Jammu and Kashmir.
- The Act covers recovering possession of property, specific performance of contracts, and outlines which contracts can and cannot be specifically enforced.
- It establishes that specific relief can only be granted to enforce individual civil rights, not penal laws. Specific performance of contracts depends on factors like whether compensation is adequate and whether the court can supervise performance.
- The Act specifies who can obtain specific performance, such as parties to a contract or their representatives, and limits it in some
This document provides information on the Specific Relief Act 1950 of Malaysia. It summarizes the contents and organization of the Act, which relates to specific relief in legal matters. The Act contains three parts covering preliminary matters, specific relief, and preventive relief. Specific relief includes recovering possession of property, specific performance of contracts, rectification of instruments, rescission of contracts, and more. Preventive relief deals with injunctions. The document provides an overview of the purpose and scope of the Specific Relief Act 1950 in Malaysia.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
This residential lease agreement is between Mrs. Elia Alaniz as the landlord and the tenant for an apartment located at 2520 Norton Apt. # for a period starting on a commence date and automatically renewing each year. The tenant must provide 1 month written notice before moving out. The tenant must pay $595 per month in rent due by the 4th of each month along with additional fees for late payments or returned checks. The tenant agrees to various responsibilities regarding occupancy, property condition, repairs and notices.
This document summarizes the law around cancellation of instruments in India. It discusses the key sections of the Specific Relief Act (Sections 39, 40, 41) regarding when instruments can be cancelled and who can file suits. It outlines the essential elements to file a suit, including that the instrument must be written, void/voidable, and if left outstanding may cause serious injury. It provides examples of the scope of cancellation for different types of instruments like gift deeds, mortgage deeds, and sale deeds.
LEASE CANCELLATION AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document summarizes Illinois foreclosure law. It states that judicial foreclosure is available, while non-judicial foreclosure is not. It also notes that deficiency judgments are allowed, but the borrower has no right of redemption. The summary describes the judicial foreclosure process, including the 30 day notice, sheriff's sale, and that the borrower has no post-sale redemption rights. It also briefly outlines deed in lieu of foreclosure and consent foreclosure as alternatives to judicial foreclosure.
This document provides an overview and summary of South African law of succession. It discusses key concepts such as:
1) Intestate succession - how an estate is distributed when someone dies without a will. The rules of intestate succession are regulated by the Intestate Succession Act and depend on the deceased's family relationships.
2) Testamentary succession - how an estate is distributed according to a will. A will must meet certain formalities to be valid like being signed by the deceased and witnesses.
3) Amending and revoking wills - the processes and formalities for amending or revoking an existing will in South Africa. A will can be expressly or tacitly revoked through subsequent actions
Effects of acknowledgement of limitation actHinal Thakkar
The document discusses acknowledgement under Section 18 of the Limitations Act. Some key points:
- An acknowledgement must admit liability for a debt and be in writing and signed before the limitation period expires. It renews the limitation period from the signing date.
- The writing does not need to specify the exact property or right, and can include a refusal to pay or set-off claim. It can be addressed to someone other than the entitled person.
- For an acknowledgement to be valid, it must acknowledge an existing liability and relate to a present subsisting legal relationship between the parties, even if it does not promise payment or specify the liability. The intention can be inferred from the admission.
The document provides an overview of the Specific Relief Act 1963 in India. It discusses:
1) The Act defines and amends the law relating to specific relief for enforcing civil rights. It does not apply to penal rights.
2) The Act provides for seven types of specific relief: recovery of possession of property, specific performance of contracts, rectification of instruments, rescission of contracts, cancellation of instruments, declaratory decrees, and preventive relief.
3) Specific performance of contracts can be granted for immovable property transactions but generally not for movable property where compensation is adequate.
This document provides information about a public auction for a seized single family home located at 90-23 201st Street in Hollis, New York. The home includes 3 bedrooms, 1 bathroom, a kitchen, living room, dining room, and driveway on a lot of 2,300 square feet. It will be auctioned on August 25, 2011 with registration beginning at 11:00 AM and auction starting at 12:00 PM at the property site. A deposit of $15,000 is required.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
This document is a sale and purchase agreement between a vendor and purchaser for a property. Key details:
- The vendor agrees to sell and the purchaser agrees to buy a property for RM152,660, subject to terms in the agreement.
- The purchaser pays a deposit and will pay the balance of RM137,394 within 3 months of the unconditional date.
- The vendor will execute documents to transfer the property to the purchaser, including a memorandum of transfer, which will be deposited with solicitors for adjudication upon completion of payment.
- Upon full payment and registration of transfer documents, legal possession of the property will be delivered to the purchaser.
Harold Carter's will provides for the distribution of his estate upon his death. He leaves all tangible personal property to his wife Wilma, or if she does not survive, to his three children. The will names Wilma as the primary executor and outlines successor executors. The residual estate is left to Wilma if she survives, and if not, in equal shares to the three children. The will grants powers to the executor and names guardians for any minor beneficiaries.
DURABLE POWER OF ATTORNEY State of Florida County of ___AlyciaGold776
DURABLE POWER OF ATTORNEY
State of Florida
County of ____________________________
KNOW ALL MEN BY THESE PRESENTS, that I,__________________________________, of ____________________,
(name) (county)
Florida, as authorized by Florida law, do hereby appoint,_______________________________________________________
(name)
To manage and conduct my affairs. This power of attorney shall be non-delegable except as otherwise provided in Florida Statutes,
and shall be valid and effective from date hereof until such time as I shall die or revoke the power. This durable power of attorney is
not affected by subsequent incapacity of the principal except as provided in Florida Statutes.
The property subject to this durable power of attorney shall include all real and personal property owned by me, my
interest in al property held in joint tenancy, my interest in all non-homestead property held in tenancy by the entirety, and all
property over which I hold power of appointment and shall also include authority to sell, mortgage or convey my homestead
property.
Without limiting the broad powers intended to be conferred by the preceding provisions, I expressly authorize my attorney
acting hereunder in a fiduciary capacity to do and execute all or any of the following acts, deeds, and things for my benefit an d on
my behalf.
1. COLLECTION POWERS: To ask, demand, sue for, recover, collect, receive all sums of money, bank deposits, chattels
and other real or personal property, tangible or intangible, of whatsoever nature or description that may be due,
owing, payable or belonging to me, and to execute and deliver receipts, releases, cancellations or discharges.
2. PAYMENT POWERS: To settle any account or reckoning whatsoever wherein I now am or at any time hereafter shall
be in any way interested or concerned with any person whomsoever, and to pay or receive the balance thereof as the
case may require.
3. SAFE DEPOSIT BOXES: To enter any safe deposit or other place of safekeeping standing in my name with full authority
to remove any and all the contents thereof and to make additions, substitutions and replacements, specifically
including any safe deposit box in my name jointly with my spouse or any other person.
4. BANKING POWERS:
(a) To borrow any sum or sums of money on such terms and with such security, whether real or personal property
belonging to me, as my attorney may think fit, and to execute any and all notes, mortgages and other
instruments which my attorney may deem necessary or desirable.
(b) To draw, accept, make, endorse or otherwise deal with any ...
This document appoints Susan Smith as the agent for Mary Smith under a durable power of attorney. It grants Susan Smith broad powers to handle Mary Smith's financial affairs and property, including selling property without notice, making gifts, creating trusts, and modifying estate plans. It requires Susan Smith to act prudently and in Mary Smith's best interests. The document terminates only upon Mary Smith's death or written revocation and aims to protect third parties who rely on the power of attorney.
Ann Robbins drafted a will leaving:
1) Her grandmother's diamond ring and house to her daughter Christina or, if Christina does not survive, to her son Anthony.
2) Her father's cufflinks to her son Anthony or, if Anthony does not survive, to her daughter Christina.
3) Her 2010 Cadillac SUV to her son Anthony or, if he does not survive, to her daughter Christina.
4) $5,000 to Wilbur Wright College and $10,000 to her friend Jane McNiven or to her residual estate if Jane does not survive.
5) The residual of her estate equally to her daughter Christina and son Anthony.
Adi Cahyo executed his last will and testament on November 11, 2014 in Malang, Indonesia. He leaves the residue of his estate to the trustees of the Adi Cahyo Family Inter Vivos Trust to be administered according to the trust terms. He appoints his wife Dewi Andini as primary personal representative to administer the estate, followed by his daughter Calista Cahyo and son Andrian Cahyo. Upon his death, he wishes to be buried in his birthplace of Solo, Indonesia next to his parents' graves.
Testate succession occurs when a valid will made by a person of sound mind ensures their property passes to those they choose after death. A will must meet formal requirements including being made voluntarily without influence, and being properly executed with witnesses. The will can be revoked but a later marriage does not revoke it if contemplating that marriage. If dependents are not provided for reasonably, the court can order provision from the estate based on the deceased's property, the dependents' means and needs, any gifts made, conduct, and reasons for exclusion.
John J. Pankauski is a partner with Pankauski Hauser PLLC in West Palm Beach, Florida. Mr. Pankauski has spent over 20 years of his career handling matters involving wills, trusts, estates, probates, and guardianships. His practice is limited to disputes, trials and appeals of such matters. He is AV Preeminent rated by Martindale Hubel.
1. Extrajudicial settlement of estate refers to the liquidation and distribution of a deceased person's properties without court intervention.
2. Heirs may execute an extrajudicial settlement if the deceased died intestate, had no debts, and all heirs are of age or minors have legal representation.
3. Requisites for a valid extrajudicial settlement include documenting the settlement in a public instrument filed with the register of deeds and publishing the settlement in a newspaper for three consecutive weeks.
This document summarizes Rule 74 of the Rules of Court regarding the settlement of estates. It discusses the different sections of Rule 74 which provide for: extrajudicial settlement by agreement between heirs (Section 1); summary settlement of small value estates not exceeding Php10,000 (Section 2); requiring distributees to post bonds prior to partition (Section 3); liability of distributees and estates within 2 years (Section 4); and claim periods for minor or incapacitated persons (Section 5). An illustrative case is also provided where the court upheld the heirs' agreement to partition the estate themselves without judicial administration.
This document summarizes Rule 74 of the Rules of Court regarding the settlement of estates. It discusses the different sections of Rule 74 which provide for: extrajudicial settlement by agreement between heirs (Section 1); summary settlement of small value estates not exceeding Php10,000 (Section 2); bonds that may be required of distributees (Section 3); liability of distributees and estates (Section 4); and claim periods for minor or incapacitated persons (Section 5). An illustrative case is also provided where the court upheld the denial of a petition for letters of administration, allowing the heirs to partition the estate among themselves per Rule 74.
final notes civil code bar q's (AutoRecovered).pdfChrisselTabasa4
The document discusses various topics in civil law, including:
1. The elements required to claim damages from a quasi-delict or negligent act.
2. The process for obtaining a judicial declaration of presumptive death to allow remarriage.
3. Parental authority over illegitimate children.
4. Recognition of foreign divorce decrees in the Philippines.
5. Various rules regarding donations, property regimes, ownership rights, and other civil law matters.
Mary G. Cass leaves all of her personal property and condominium to her husband Eugene L. Cass. She leaves nothing to her son Alvin or daughter Rose, but acknowledges that she has them. If her husband does not survive her, she leaves her personal property, condominium, and $50,000 to her granddaughter Leah M. Taft, with the remainder going to her son Eugene R. Cass. She names Leah M. Taft as executor, with Cecilia Cass as alternate. The will grants powers to the executor including selling property, settling claims, and distributing the estate.
Principles of Trust: Classification and CreationPreeti Sikder
Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
Trust act 1882, an eleborative articleSehrish Saba
The document discusses the law of trusts in Pakistan according to the Trust Act of 1882. It defines key terms related to trusts such as trustee, beneficiary, trust property. A trust is created when the author of the trust indicates an intention to create a trust, identifies the purpose, beneficiary, trust property, and transfers the property to the trustee. The trustee has duties to accomplish the purpose of the trust, protect the trust property, not set up adverse titles, keep proper accounts. A trust must be for a lawful purpose and have identifiable beneficiaries, property, and purpose. The trustee can be exempted from liability for a predecessor's actions or if a co-beneficiary causes a loss.
The document appears to be an excerpt from the Indian Trusts Act of 1882 that defines key terms related to trusts and outlines the duties and responsibilities of trustees. Some key points:
- It defines what constitutes a valid trust under Indian law, the roles of author, trustee, and beneficiary. A trust must be created for a lawful purpose with reasonable certainty regarding its purpose, beneficiary, and trust property.
- Trustees have obligations to fulfill the purpose of the trust, protect the trust property, not claim ownership adverse to beneficiaries, and deal with the property as carefully as if it were their own.
- Trustees are bound to inform themselves of the trust property, obtain ownership of it, maintain its title,
This document summarizes Florida laws regarding bail bonds. It outlines the authority of magistrates and courts to release defendants before or after conviction through recognizance or bail. It establishes maximum bail amounts that can be set by clerks and details factors considered in determining bail amounts and conditions of release. The document also specifies allowed forms of bail including cash deposits, property liens, or sureties; requirements for written bail bonds; and procedures for domestic violence-related arrests.
Contesting a Last Will and Testament in MissouriCharlie Amen
"Gaining a better understanding now of what a Will contest involves may help you understand the importance of
executing a well thought out and professionally drafted Last Will and Testament that will discourage would be contestants from challenging your Will. Learn more about contesting a last will and testament in Missouri in this presentation."
The document discusses various legal concepts related to property law and easements in India. It begins by defining an onerous gift as a gift subject to conditions imposed on the recipient. It then provides definitions for legal terms like charge, notice, ostensible owner, dominant and servient heritage. It also distinguishes between sale and contract of sale. The status of unborn children under property law is discussed, noting that an unborn child can own property and is considered a legal person for certain purposes like inheritance.
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STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
WILL OF
RALPH JOHNSON
I, Ralph Johnson, of Mecklenburg County, North Carolina,declarethis to be my will and revoke all earlier
wills and codicils.
ARTICLE I
DISPOSITION OF ESTATE
A. GIFT OF TANGIBLE PERSONAL PROPERTY. All my tangiblepersonal property that was not held by me solely
for investment purposes,including,butnot limited to, my automobiles,household furniture and
furnishings,clothing,jewelry,collectibles,and personal effects shall be disposed of as follows:
1. I give all such tangiblepersonal property (i) to my children,Ann Johnson Brown, Karen G. Johnson,
and Joanie A. Johnson, who surviveme to be divided among them by my Executor as designated in
ArticleI of this will entitled “Specific Bequests” or (ii) to the survivor of my children if only one of
them survives me.
2. I may leave a writingwhich,although not a partof my will,expresses my desires concerningthe
disposition of my tangiblepersonal property. I request, but do not require, that my wishes as set
forth in any such writingbe observed.
3. The costs of safeguarding,insuring,packing,storing,and deliveringmy tangiblepersonal property to
any beneficiary under this Paragraph shall bepaid from my estate as expenses of admini stration.
B. SPECIFIC BEQUESTS. I directthat the followingspecificbequests be made from my estate:
1. I give my NFL pension to be divided equally amongmy children.
2. All business assets to be divided equally amongmy children.
3. All stocks,personal checking and savings accountsto Chris F.Johnson.
4. My automobile property, includingmy Yacht, Cadillac,and Mustang,to be sold and proceeds to go to
JoanieA. Johnson; excludingmy 2010 Lincoln Navigator,which shall go to Karen G. Johnson.
5. Super Bowl rings areto be disposed as follows:
1978 ringto Terry Bradshaw,1974 and 1975 ringto Kevin Q. Johnson.
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6. Antique diningroom tableand chairs to Ann Johnson Brown, and antiquechina cabinetwith dishes to
Karen G. Johnson.
7. Personal property, specifically household pets,to be cared for and maintained as follows:
Goldie’s (parrot) careto be determined by the Executor with regards to indicated pension from my
personal savingsaccountto be used. Simone (dog) to be taken careof by Ann Johnson Brown, with
regards to indicated pension from my personal savingsaccount.
C. GIFT OF RESIDUARY ESTATE. I give Greenacre property to Terry Bradshaw,with regards to existingjoint
ownership and equal rightto use the land.Deed to Greenacre states: “To Terry and Ralph as jointtenants
forever”. All other residuary estates,being all of my real and personal property, wherever located,not
otherwise effectively disposed of,but without exercisingany power of appointment over property which I
may have, to be divided equally amongst my children,and ensuringany and all property stays within the
family indefinitely. Any remainingproperty not specifically mentioned to be divided equally between Pam
J. White and Kevin Q. Johnson. All property inherited by Joanie A. Johnson, if I die before she reaches
majority age, shall bemanaged and distributed by Pam J. White, until she reaches majority age, with
remainder of assets to be given to JoanieA. Johnson at age twenty five (25).
ARTICLE II
PAYMENTS OF DEBTS, EXPENSES, AND DEATH TAXES
A. PAYMENT OF DEBTS AND EXPENSES. My Executor shall beresponsiblefor overseeing and implementing
the provisions madethrough an existingprepaid funeral plan.All debts are to be paid out of those
provisions,notaffecting my children.
B. PAYMENT OF DEATH TAXES. All death taxes should be paid as follows:
1. My Executor shall certify to the Trustees actingunder the trust pension provided,the amount
necessary to pay the death taxes (other than death taxes which arepaid from property passing
outsideof this will pursuant to the terms of the governing pension) which amount shall bepaid out of
the property of the trust as arranged in that pension.
2. Notwithstanding the foregoing, my Executor shall recover as provided by lawany death tax
attributableto property (i) over which I have a power of appointment, (ii) in which I have a qualifying
income interest for lifeor (iii) in which I havea retained interest for lifeto the extent that any death
tax recoverableby lawis not otherwise paid out of such property.
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ARTICLE III
THE EXECUTOR
A. APPOINTMENT OF EXECUTOR. I appointmy brother, Kevin Q. Johnson, to be my Executor. If itbecomes
necessary for a representative of my estate to qualify in any jurisdiction other than the State of North
Carolina in which my Executor shall beunableor unwillingto qualify as Executor,then my Executor shall
have the right to appointan individual or corporaterepresentative of my estate in such jurisdiction.
B. WAIVER OF BOND AND COURT SUPERVISION. No bond of other security shall berequired from my
Executor unless otherwiserequired by law.My Executor may actwithout qualifyingbefore any court or
filingwith any court any inventory, accountingor other report relatingto the administration of my estate
unless otherwiserequired by lawto do so.
C. COMPENSATION OF EXECUTOR. A corporateExecutor may receive compensation for its services in
accordancewith its regularly adopted schedule of compensation in effect at the time the services under
this will areperformed. An individual Executor may receive compensation for such Executor’s services
which is equal to five percent (5%) of the sum of the fair market valueat the time of my death of (i) all
property passingunder this will and (ii) all property owned by or payableto the Trustees referred to in the
Paragraph of ArticleI of this will entitled “Gift of Residuary Estate” excludingproperty given to the
Trustees under this will.
ARTICLE IV
ADMINISTRATIVE POWERS OF EXECUTOR
It is my intention that my Executor shall haveall thepowers and authority conferred upon personal
representatives by Article13 of Chapter 28A of the General Statutes of North Carolina aswell as any other powers
conferred by lawor elsewhere in this will.To the extent they may not be conferred by law,I grant my Executor the
discretionary powers setforth below to be exercised without court order for any purpose that my Executor may
deem advisable.
A. POWERS INCORPORATED BY REFERENCE. Subject to Section 32-26 of the General Statutes of North
Carolina,all of the powers set forth in Section 32-27 of the General Statutes of North Carolina,except
those in Section 32-27(29), as they exist atthe time that I sign this will,and such powers are incorporated
by reference with the same effect as though set out verbatim in it.
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B. POSESSION AND DISPOSITIONOF REAL PROPERTY. The power to take possession,custody and control of
real property owned by me at the time of my death even though title to such real property is notdevised
to my Executor, and to sell,exchange, give options upon, partition,lease,mortgage or otherwise dispose
of any such real property.
C. BANKING TRANSACTIONS. The power (i) to open, depositcash or other assets to the creditof and
maintain one or more checking, savings,cash,margin or other accountin any banking,trust, brokerage or
investment institution,includingany corporateExecutor, (ii) to exercise any right, option, or privilege
pertainingto any such account,and (iii) to leaseone or more safedepositboxes for safekeeping of estate
assets.
D. DEALING WITH ESTATES AND TRUSTS. The power to lend money to, borrow money from, purchasereal or
personal property from, sell such property to, or exchange such property with the fiduciary of any estate
or trust, includingtheestate of any issueof mine, or any trust established by me or my issue,upon any
terms and conditions,regardless of whether or not such fiduciary may be an Executor under this will.
E. DIVISIONOF DISTRIBUTION OF ASSETS. Whether authorized or directed to divide or distributemy estate,
the power to make such division or distribution (includingthe satisfaction of any pecuniary sum) in cash
or in specific property,real or personal,or an undivided interest in such property, or partly in cash and
partly in specific property,without obligation to make pro rata distributionsof specific assets and without
liability for,or obligation to make compensatingadjustments by reason of, disproportionatedistributions
of unrealized gain or other special tax attributes of such assets,except that of any assets so distributed in
kind shall bevalued at their date or dates of distribution values.
F. CREDITS OR CHARGES TO INCOME AND PRINCIPAL. The power (i) to determine the manner in which items
should be credited or charged to or between income and principal,regardlessof whether any item is
credited or charged contrary to the provisionsof any statute, and (ii) to charge or not charge against
income a reasonableallowancefor depreciation of property whether or not contrary to the provisionsof
any statute, except that an Executor shall havethe power to allocatereceipts and expenses between
income and principal in his or her favor only if there is no other Executor who may make such allocation,
and, in that event, such power to allocatemust be exercised as provided by law.
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G. DISTRIBUTIONS TO OR FOR THE BENEFIT OF BENEFICIARIES. Whether authorized or directed to distribute
property to a beneficiary,whether or not under a legal disability,the power to distributesuch property,
unless otherwisedirected, (i) directly to such beneficiary,includingthe transfer of property into such
beneficiary’s nameby depositingcash or registeringsecurities in hisor her name, (ii) to a custodian or
custodial trusteefor such beneficiary under a uniformgifts or transfers to minors actor uniformcustodial
trust act, includinga custodian or custodial trusteedesignated by my Executor, which may be my
Executor, (iii) to the guardian or conservator of such beneficiary’s estate, or (iv) to any other person, firm
or institution for the benefit of such beneficiary,and the receipt of any of the foregoing shall constitutea
full acquittanceof my Executor to the extent of the distribution so made.
H. RETENTION AND ACQUISITION OF BANK SECURITIES. The power (i) to retain for any period or periods of
time securities which aresecurities of any corporate Executor actingunder this will or of any corporation
owning stock of the corporateExecutor or of any subsidiary or affiliateof or successor to such corporation
and (iii) to acquiresuch securities by purchase,exchange or otherwise.
I. RENUNCIATION AND DISCLAIMER. The power to renounce or disclaimin wholeor in partthe right to
succession to any property or interest in property passingto me as heir,beneficiary under a will or
contract, or otherwise.
ARTICLE V
PRESUMPTION OF SURVIVORSHIP
For the purpose of this will,if itis notestablished by clear and convincingevidencethat a
beneficiary under this will survived me by at leastone hundred twenty (120) hours, itshall beconclusively
presumed that such beneficiary predeceased me.
ARTICLE VI
TRUSTS AND GUARDIANSHIP
I hereby direct my Executor to implement the safety and wellbeing of my son Chris F.Johnson by
appointinga caretaker, with regards to both his physical and financial planningand assistance.His
monetary shareshould be held responsiblesolely by his caretaker.I hereby directPam J. White to
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implement the safety and wellbeingof my daughter, JoanieA. Johnson, and to appointa guardian if she
has not reached her eighteenth birthday atthe time of my death. All property inherited by JoanieA.
Johnson will also bemanaged by Pam J. White, aforementioned in ArticleI (c) of this will. Attached to this
will is theState of North Carolina Petition for Adjudication of Incompetence and Application for
Appointment of Guardian.
ARTICLE VII
DEFINITIONS
For the purpose of this will,
A. “EXECUTOR”. The term “Executor” or “Executors” includes any personal representativeor representatives
of my estate actingunder this will such as a successor Executor or Executors and any Administrator with
the will annexed. It also may includethe term “Executrix” whenever the context requires it.
B. “DEATH TAXES”. The term “death taxes” means inheritance,estate, transfer, and succession taxes,and
any interest and penalties on these taxes,imposed by reason of my death by any jurisdiction with respect
to property passingunder or outside the provisionsof this will or any codicil to it which is includablein my
estate for the purposeof determining such tax, including,butnot limited to, any tax on property
includableunder Section 2036 (relatingto transfers with retained lifeestate), Section 2041 (relatingto
qualified terminableinterestproperty) of the Internal Revenue Code of 1986,as amended, or any
comparableprovision of statelaw,but excluding,however, any tax imposed by section 2032A(c) (relating
to qualified real property),or Chapter 13 (relatingto generation-skippingtransfers) of the Code, or any
comparableprovision of statelaw.
C. “CHILDREN” and “FAMILY”. The terms “children”and “family” mean lawful lineal blood descendants in
the firstdegree of the parent designated, excludingestranged son,Reginald E. Johnson. But such terms
shall includeany person legally adopted prior to the time that person reaches the age of eighteen (18)
and the lawful lineal descendants of any such person, whether of the blood or by adoption prior to such
age, excludingReginald E. Johnson and his lineal descendants.
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I, Ralph Johnson,the testator, sign my name to this instrument this 22nd day of April,2015 and being firstduly
sworn, do hereby declareto the undersigned authority that I sign and execute this instrument as my lastwill and
that I sign itwillingly (or willingly directanother sign itfor me), that I execute itas my free and voluntary actfor the
purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint
or undue influence.
______________________________________________
Ralph Johnson
We, _________________________, and __________________________, the witnesses,sign our names
to this instrument, being firstduly sworn,and do hereby declareto the undersigned authority that the testator
signs and executes this instrument as his lastwill in our presenceand that he signs itwillingly (or willingly directs
another to sign itfor him), and that each of us, at the request of the testator, and in the presence and hearingof
the testator, and in the presence and hearingof each other, hereby signs this lastwill aswitness to the testator’s
signing,and to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under
no constraintor undue influence.
______________________________ ______________________________
(WITNESS) (RESIDENCE)
______________________________ ______________________________
(WITNESS) (RESIDENCE)
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
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Subscribed,sworn to and acknowledged before me by Katherine Mason,the testator, and subscribed and
sworn to before me by _________________ and _________________, witnesses,this 22nd day of April,2015.
SIGNED _____________________________________
Notary Public
_____________________________________
My commission expires _______________