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1830 July 23
Review
M
Chicanera
3. Legacia
III. Enter now Chicanera Legacia
1
To enable Actor to
receive of Reus money
bequeathed by Defunctus
antecedent collative
events necessary
1. Death of Defunctus
2. Administration by
Reus
3. Existence of Defunctus
will
4. Bequest to Actor
5. Sufficiency of Defunctus
property to pay
Actor's legacy
6. Do to pay all other
legacies bequeathed by
Defunctus
To enable Actor to receive of Reus a sum
of money on the ground of the having Sum bequeathed
to him by Defunctus, three antecedent concurrent states of things
or events in the character of efficient causes of right
or title are necessary: namely 1. Death of Defunctus.
2. Operation of some sort or other performed by Reus,
in the character of Execution or Administration of in relation to the property
of Defunctus. 3. the existence of the sort of
conveyance stiled a the Last-Will of Defunctus. 4. In
that same last will a portion of discourse having
the effect of a bequest of the sum in question in favour
of Actor: 5. on the part of the aggregate of the property
of Defunctus capable of being converted into money
the quantity sufficient for the payment of the amount
of the said Legacy all Legacies, after the satisfaction of all demand
to which the law has given the precedence over that which
is given to a Legatee: 6. On the part of such Legacy
fund the amount sufficient for payment of the entire amount not only of
the legacy left to Actor, but of all the other Legatees of
the said Defunctus
2
Under JB's proposed
system
In his Postmortem
distribution Code forms
of Legacy demand paper
This being the case what is the course that would
be taken by Mr Bentham? that under Mr Benthams plan
would take place?
In his appropriate Code (say his Post-mortuary
Distribution Code) a Form of a Demand-paper would be provided for demand
to be made of a Legacy: and direction would thereon be
given for every legatee in case of contestation commenced
or apprehended to make application to the Judge in the Justice
Chamber with one of these blank forms either ready filled up
by
the applicant, or in
case of his inability
by reason of estate
ignorance combined
with indigence, to be
filled up by the Judge
after of
the establishment of the several abovementioned facts, by means of provisionally sufficient evidence elicited, by the examination of the applicant — namely —
Actor, the self alledged Legatee.
Identifier: | JB/004/137/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-07-23 |
1-2 |
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004 |
lord brougham displayed |
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137 |
review |
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001 |
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text sheet |
1 |
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recto |
c1 |
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jeremy bentham |
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2058 |
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