A Treatise on the Law of Executors and Administrators, Volume 1F.D. Linn & Company, 1895 |
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Halaman 46
... amounts to unsoundness . It is within the observation of nearly every one , that in extreme old age the mental powers ... amount and kind of mental ability as will enable the testator to know what he is doing . Delaney v . City of Salina ...
... amounts to unsoundness . It is within the observation of nearly every one , that in extreme old age the mental powers ... amount and kind of mental ability as will enable the testator to know what he is doing . Delaney v . City of Salina ...
Halaman 54
... amount to fraud . Matter of Farnsworth , 62 Wis . 474. In order to set aside a will on ac- count of fraud , it must amount to con- straint . Will of Shaw , 11 Phila . 51. So , too , in Will of Bouse , 18 Ill . App . 433 . In a contest ...
... amount to fraud . Matter of Farnsworth , 62 Wis . 474. In order to set aside a will on ac- count of fraud , it must amount to con- straint . Will of Shaw , 11 Phila . 51. So , too , in Will of Bouse , 18 Ill . App . 433 . In a contest ...
Halaman 55
... amount to a degree of constraint , such as the testator is too weak to resist ; such as would deprive him of his free agency and would pre- vent him from doing as he pleased with his property . Chandler v . Ferris , 1 Harr . ( Del ...
... amount to a degree of constraint , such as the testator is too weak to resist ; such as would deprive him of his free agency and would pre- vent him from doing as he pleased with his property . Chandler v . Ferris , 1 Harr . ( Del ...
Halaman 56
... amount to influence in the. by influence . ( 8 ) By Sir John Nicholl , in Kindle- side v . Harrison , 2 Phillim . 551 , 552 . ( t ) Green v . Skipworth , 1 Phillim . 58 . ( u ) Swinb . Pt . 2 , s . 4 , pl . 1. It is no part of the ...
... amount to influence in the. by influence . ( 8 ) By Sir John Nicholl , in Kindle- side v . Harrison , 2 Phillim . 551 , 552 . ( t ) Green v . Skipworth , 1 Phillim . 58 . ( u ) Swinb . Pt . 2 , s . 4 , pl . 1. It is no part of the ...
Halaman 57
... amount to influence in the legal sense ; 35 and whether or not a capricious partiality has been shown , the court will not inquire . But where persuasion is used to a testator on his death- bed , when even a word distracts him , it may ...
... amount to influence in the legal sense ; 35 and whether or not a capricious partiality has been shown , the court will not inquire . But where persuasion is used to a testator on his death- bed , when even a word distracts him , it may ...
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Istilah dan frasa umum
21 Vict adminis admitted to probate appear apply appointed assets bate bond Chancery cited clause Code C. P. codicil Court of Chancery court of equity Court of Probate creditor Curt death debts deceased declarations decree devise dispose domicil Ecclesiastical Court effect entitled equity evidence executed executor feme covert fraud Godolph Hagg held husband instrument intestacy intestate Iowa istration judge jurisdiction jury legacy letters of administration letters testamentary Lord marriage married woman Matter ment ministration North Carolina Notes of Cas nuncupative paper party pendente lite personal estate Phillim presumption Probate Court proof proved real estate Redf resident residuary legatee revocation revoked rule sect signature stat statute Statute of Frauds sufficient suit sureties Swinb testament testamentary testamento annexo testator testator's tion tort trator trust ubi supra undue influence valid widow wife
Bagian yang populer
Halaman xxvi - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...
Halaman xxii - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Halaman 253 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Halaman xxiii - ... shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person or any person, claiming under such person or wife or husband, be utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding sucli devise, legacy, estate, interest, gift, or appointment, mentioned in such will.
Halaman xvii - Parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows (that is to say) : the word " will " shall extend to a testament, and to a
Halaman 613 - Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits...
Halaman 781 - ... nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Halaman xxiv - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Halaman xxiv - And be it further enacted, That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions) . XIX.
Halaman xx - ... all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created, or under any disposition thereof by deed or will...