Kramer v. Lyle

Citations

• 197 F. 618
• 1912 U.S. Dist. LEXIS 1464

Syllabus

<p>1. Wills (§ 571*) — Construction of Bequest — Life Insurance.</p> <p>A bequest by a testator to his wife of “the sum of ten thousand dollars to be realized out of the proceeds of such life insurance as may be of force on my life at the time of my death” includes policies in which the wife was named as beneficiary, and she is required to account for the proceeds of such policies as a part of the bequest.</p> <p>[Ed. Note. — For other cases, see Wills, Cent. Dig. § 1244; Dee. Dig. § 571.*]</p> <p>2. Wills (§ 761*) — Advancements—Evidence.</p> <p>Under Civ. Code Ga. 1910, § 4053, which provides that “a memorandum .of advancements, in the handwriting of the parent, or subscribed by ’him, shall be evidence of the fact of advancement, but shall not be conclusive as to the valuation of the property, unless inserted as part of the testator’s will or referred to therein,” advancements are sufficiently proved by indorsements on the back of a will in the testator’s handwriting, made pursuant to a provision therefor in the will.</p> <p>[Ed. Note. — For other cases, see Wills, Cent. Dig. §§ 1968, 1969: Dec. Dig. § 761.*]</p> <p>3. Wills (§ 560*) — Construction—Description of Property.</p> <p>A will devised to the wife of the testator certain real estate specifically described, and also “all lands, wherever situated, of which I may die seised and possessed, which said lands have been sold by me and bond for titles given to the purchasers and the purchase money or any part thereof due me at the time of my death; my purpose being to convey such purchase-money notes to my said wife together with the security I might hold therefor. * * * ” It also devised to a son “all real estate of which I may die seised and possessed situated in the city of Carrollton” not disposed of to testator’s wife. After the execution of the will, testator signed and delivered to another a paper reciting that he had sold to such other certain described real estate in Carrollton, stating the terms, and tha