 | Thomas Jarman - 1844 - 820 halaman
...(t) a legacy was bequeathed " equally between my son David and the children of my son Robert." But this mode of construction will yield to a very faint...fact, that the annual income, until the distribution (p) But did not the language of Yes. 1G6. See also Barnes v. Patch, the bequest import that the youngest... | |
 | Thomas Jarman - 1859 - 604 halaman
...(6) a legacy was bequeathed " equally between my son David and the children of my son Robert." But this mode of construction will yield to a very faint...different intention in the context. Thus the mere [ 112 ] fact, that the annual income, until the distribution * of the capital, is applicable, per stirpes,... | |
 | Massachusetts. Supreme Judicial Court - 1877 - 698 halaman
...and not per stirpes." But this mode of interpretation rests upon a foundation not very stable, and "will yield to a very faint glimpse of a different intention in the coatext" Balaam v. Haynes, 14 Allen, 204. 2 Jarman on Wills (4th Am. ed.) Ill, 112, and notes. This... | |
 | Isaac Grant Thompson - 1880 - 880 halaman
...individually." 2 Jarman on Wills (1st Am. ed.), 111. The sumo author, after citing the above rule, adds: " But this mode of construction will yield to a very faint...glimpse of a different intention in the context." If the above rule is so easily set aside, it would seem equally reasonable that it should also yield... | |
 | Thomas Jarman - 1881 - 934 halaman
...an equal proportion of the fund ; that is, the distribution will be wade per capita (z').j *195 "But this mode of construction will yield to a very faint glimpse of a different intention in the context.12 Thus the mere (g) Butler r. Stratton, 3 BCC 367: Doweling r. Smith, 3 Beav. 541; Kickabe... | |
 | 1887 - 674 halaman
...to that effect can be gathered from the context — or, in the somewhat quaint language of Jarman, " this mode of construction will yield to a very faint...glimpse of a different intention in the context." (Id. 757.) The question for determination, then, is, what is there in the context to take the present... | |
 | Charles Fisk Beach (Jr.) - 1888 - 650 halaman
...equally among his " heirs," the brothers and sisters and children will take per caplta.10 But this construction " will yield to a very faint glimpse of a different intention in the.context."" 1 Howell i>. Tyler, nl NC 207 ; T.osey v. Westbrook, 35 NJ Eq. 116; Kimbro v. Johnston,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1889 - 676 halaman
...one of the children of B., they take per capita. It may be said that it is stated by the same author that this " mode of construction will yield to a very...glimpse of a different intention in the context." 2 Jarman Wills, pp. 756 and 757. Of this rule the court, in the case of Raymond v. Hillhouse, supra,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1894 - 818 halaman
...testator. Undoubtedly, and very justly, that rule has yielded and should yield, as it lias been said, " to a very faint glimpse of a different intention in the context." (2 Jarman on Wills, 1051, and see Ferrer v. Pyne, 81 K Y. 284; Vincent v. Newhmtse, 83 id. 505; Woodward... | |
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It is added, however, that this mode of construction will yield to a very faint glimpse of a different intention in the context. 
