Wills: Nature, Characteristics, and Contents

Author(s):  
Brian Sloan

This chapter provides an introduction to wills. A will or testament is the declaration in a prescribed manner of the intention of the person making it with regard to matters which he wishes to take effect upon or after his death. The general effect of a will is that the legal interest in the deceased’s estate passes to his personal representatives, while the beneficiaries obtain a form of equitable right in it. The chapter discusses the long history of the will in English law; contracts relating to wills; mutual wills; secret trusts, other constructive trusts, and proprietary estoppel; the content of wills; and the will as a social document.

Author(s):  
Brian Sloan

This chapter provides an introduction to wills. A will or testament is the declaration in a prescribed manner of the intention of the person making it with regard to matters which he wishes to take effect upon or after his death. The general effect of a will is that the legal interest in the deceased's estate passes to his personal representatives, while the beneficiaries obtain a form of equitable right in it. The chapter discusses the long history of the will in English Law; contracts relating to wills; mutual wills; secret trusts, other constructive trusts, and proprietary estoppel; the content of wills; and the will as a social document.


Author(s):  
Stephan Atzert

This chapter explores the gradual emergence of the notion of the unconscious as it pertains to the tradition that runs from Arthur Schopenhauer via Eduard von Hartmann and Philipp Mainländer to Sabina Spielrein, C. G. Jung, and Sigmund Freud. A particular focus is put on the popularization of the term “unconscious” by von Hartmann and on the history of the death drive, which has Schopenhauer’s essay “Transcendent Speculation on the Apparent Deliberateness in the Fate of the Individual” as one of its precursors. In this essay, Schopenhauer develops speculatively the notion of a universal, intelligent, supraindividual unconscious—an unconscious with a purpose related to death. But the death drive also owes its origins to Schopenhauer’s “relative nothingness,” which Mainländer adopts into his philosophy as “absolute nothingness” resulting from the “will to death.” His philosophy emphasizes death as the goal of the world and its inhabitants. This central idea had a distinctive influence on the formation of the idea of the death drive, which features in Freud’s Beyond the Pleasure Principle.


1931 ◽  
Vol 25 (3) ◽  
pp. 700-703
Author(s):  
Joseph S. Roucek

The law for the reorganization of central administration and the law on local administration (July 20, 1929) sponsored by the National Peasant government of Roumania have recently been put into effect. Both measures were drafted by Professors Negulescu, of the University of Bucharest, and Alexianu, of the University of Cernauţi. Their adoption comprises one of the most thorough governmental reforms in the history of the Balkans.The structure of the Roumanian government was, until very recently, almost completely copied from the French system. Roumania was a typical example of a unitary organization. The whole power of government was centralized in Bucharest. Practically all powers of local government were derived from the central authority, and were enlarged and contracted at the will of Bucharest. The whole system lent itself admirably to the domination of the National Liberal party, guided up to 1927 by Ion I. C. Brǎtianu, and after his death by his brother, Vintilǎ I. C. Brǎtianu, who died last year.Since the strength of the National Peasant party, which assumed the reins in 1928, lies largely in the provinces acquired at the close of the World War, a decentralization of government was to be expected. The bitter resentment of Maniu and his associates toward the over-centralization which favored the policies of the Bratianus forced the recent overhauling of the governmental structure, tending toward federalism—a form which takes cognizance of the differences of the past and present between the old kingdom and the new provinces and attempts to extend democratic features of self-rule to the electorate. At the same time, it attempts to secure bureaucratic expertness.


Horizons ◽  
1993 ◽  
Vol 20 (1) ◽  
pp. 44-66
Author(s):  
D. M. Yeager

AbstractWilliam Golding, in The Spire, invites us to ask how we may know the will of God, and suggests that what we take to be the will of God is often simply the projection onto history of the disguised image of our private and self-absorbed desires. Though contemporary critics tend to interpret the novel as a sympathetic exploration of moral ambiguity rather than as a compelling condemnation of Jocelin's mortifying and death-dealing sin, the novel turns on the contrast between the drive toward dominion and the capacity for assent. The final salvific discovery, given form in Jocelin's mind by the experience of the apple tree and the kingfisher, is the overthrow of the will, its panicked drowning, in terrified apprehension of implacable glory and squandered gifts.


1968 ◽  
Vol 81 (8) ◽  
pp. 1884
Author(s):  
Gareth H. Jones ◽  
William S. Holdsworth ◽  
Arthur L. Goodhart ◽  
Harold G. Hanbury
Keyword(s):  

1895 ◽  
Vol 9 (5) ◽  
pp. 364
Author(s):  
J. B. T. ◽  
Frederick Pollock ◽  
Frederic William Maitland
Keyword(s):  

2018 ◽  
Vol 23 (1) ◽  
pp. 291-309 ◽  
Author(s):  
Anna Berres

AbstractAppearances to the contrary notwithstanding, the present article belongs neither in the category of source-work studies nor in that of history of reception; for it aims, in a purely systematical fashion, to outline and at the same time facilitate and prepare for a dialogue between Karl Barth’s lesser-known brother, philosopher Heinrich Barth (1890 – 1965), and Kierkegaard: in particular, between their—as it turns out, strikingly similar or at least complementary—views on human existence as co-existence or as a fundamental form of (being in) community. Accordingly, the article does not rest content with, much less restrict itself to a mere comparison and/or paraphrase of the respective views. It much rather seeks to explore critically the key claims: (a) human existence is essentially co-existence or being in community; (b) co-existence is basically dialogical, hence language-dependent; (c) dialogues must be performed in order possibly to be successful; (d) their actual success is a matter of contingency and thus cannot be guaranteed by a mere fiat of the will.


2019 ◽  
Vol 45 (2) ◽  
pp. 448-470 ◽  
Author(s):  
Daniele Lorenzini

Traditio ◽  
1996 ◽  
Vol 51 ◽  
pp. 257-286 ◽  
Author(s):  
Christopher S. Celenza

There are many still unstudied aspects of the cultural history of early Quattrocento Rome, especially if we consider the years before 1443, the date of the more or less permanent re-entry into the civitas aeterna of Pope Eugenius IV. The nexus between the still ephemeral papacy and the emerging intellectual movement of Italian Renaissance humanism is one of these aspects. It is hoped that this study will shed some light on this problem by presenting a document that has hitherto not been completely edited: the original will of Cardinal Giordano Orsini. As we shall see, this important witness to the fifteenth century provides valuable information on many fronts, even on the structure of the old basilica of Saint Peter. The short introduction is in three parts. The first has a discussion of the cardinal's cultural milieu with a focus on the only contemporary treatise specifically about curial culture, Lapo da Castiglionchio's De curiae commodis. The second part addresses the textual history of the will as well as some misconceptions which have surrounded it. The third part contains a discussion of the will itself, along with some preliminary observations about what can be learned from the critical edition of the text here presented for the first time.


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