All
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
[Lat. omnU, totus.'] A word of constant occurrence in deeds, wills and other instruments, and which, especially in wills, has been made the subject of repeated construction by the courts.
1 Vernon, 3, 840.
3 P. Wms. 56. '• All my estate," in a will, has been held to carry a fee.
6 Mod. 106, 110. 8 Vesey, Jr. 604.
The words " all his estate," will pass everything a man has; but if the word " all" is coupled with the word " personal," or a local description, then the gift will pass only personalty, or the specific estate particularly described.
Lord Mansfield, C. J., Cmop. 299, 306.
The question whether the words " all my estate and eflfects" will include a real estate or not, depends, first, upon the immediate context of the will; secondly, upon the general form and scheme of the will, as demonstrating the intention. Lord Eldon, C, 9 Veset/, Jr. 137, 142. " All my real property," in a will, has been held to import the same as " all my estate." 18 Vesey, Jr. 193. " All I am worth," without other words to control them, pass real as well as personal estate.
1 Bro. C. C. 437. " All I am possessed of," in a will, con- B^ued.
6 Vesey, Jr. 811, 816. " All debts due to me," and " whatever debt« may be due to me," in a will, held to pass a bill of exchange, and a balance of cash at a banker's.
1 Merivale, 541, note.
See 3 Id. 434. " All demands," in a submission to arbitration, held to include questions concerning real as well as personal property.
2 Caines' B. 320.
15 Johns. R. 197. " All claims and demands whatsoever," in a release, held to be restricted to the subject matter of the release.
1 Edwards' Ch. R. 84.