The Law of Wills ...

Little, Brown,, 1865

Dari dalam buku

Hasil 1-5 dari 99

Halaman 3
... ( Judge B. R. ) . - First Circuit , 1851-56 . United States Circuit Court Reports . 2 vols . 8vo . United States Supreme Court Decis- ions , comprising the 58 volumes of cases reported by Dallas , Cranch , Wheaton , Peters , and Howard ...

Halaman xiv
... Judge Bradford's reflections , and statistics upon old age 99 , 100 11. The commentary of Dr. Ray upon senile dementia 100 , 101 12. His strictures upon the practice of courts in leaving too much to juries 101 , 102 13. The rule of Mr ...

Halaman xv
... Judge Bradford's commentary on lucid intervals . 13. The etymology of the term would lead us to consider a lucid interval , as a temporary restoration 14. Late decisions in the English Court of Probate n . 19. Rule as to payment of ...

Halaman xx
... Judge Brad- · . 193 193 , 194 194 194 ford 25. Statement of the most definite form of which the question is susceptible 198 , 199 n . 39. Report of the remarkable case of Cole v . Mordaunt n . 40. The case of Prince v . Hazelton similar ...

Halaman xlvi
... judge 42. Sir James Wigram's fifth proposition 43. Parol evidence not admissible to correct mistake in will . 44 ... judges , in Anstee v . Nelms 57. Review of Sir James Wigram's criticism of the opinions of the judges in the cases last ...

Berikutnya »

Ke mana bagian lainnya buku ini?

Halaman terpilih

Daftar Isi

Indeks

Isi

til made	liii

232	lv

48	lvii

49 50	lxxiii

INTRODUCTION	lxxvii

CHAPTER III	lxxvii

50 51	9

But if it had been given to a person deceased it would not be void under	13

BY VOID CONVEYANCE OR AN ATTEMPT TO CONVEY ESTATE	342

Law much the same in America as in England Revocation must	345

67	362

CHAPTER VIII	366

The same rule of construction obtains in regard to the objects of testa	382

WHAT ESTATES ARE DEVISABLE	389

But as to personalty these incidents are governed by the law of	393

SECTION III	412

SECTION II	15

The point of inquiry in contingent testaments whether the condition	16

The children and their issue should not be disinherited on any doubt	18

A deed conveying land to uses declared in an existing will is irre	19

By statute of frauds nuncupative will cannot supersede written one	20

SECTION III	21

By virtue of an antenuptial power she may execute a devise in favor	22

How far subsequent legacies in general terms are subject to former	27

SECTION IV	29

In New York the courts have held the burden of proof as to wills	30

Declarations of party interested may sometimes be received	34

Revocations by means of fraudulent imposition upon testator	46

American rule that proof of condition of subjectmatter receivable in	49

SECTION V	51

Blindness alone no proof of mental incapacity but imposes duty of watch	54

SECTION VIII	64

PARTIAL INSANITY MONOMANIA	70

Marked case of eccentricity but held not to amount to insanity	71

84	86

Surrogate Bradfords rule in regard to wills executed by persons in	93

SECTION XIII	107

680	116

SECTION XIV	118

Review of the case of Stewart v Lispenard by Mr Justice Davies	120

235 236	128

One under interdiction presumed incompetent to execute a will 133	133

The question is placed on the true ground in Maryland that appear	135

Statement of the grounds and necessity for such watchfulness	136

The same rule applies in large measure to the subject of insanity	139

147	149

CHAPTER V	160

part of the will	164

REQUIREMENTS IN THE EXECUTION OF WILLS UNDER THE STATUTE	169

218 219	178

Two or more may make joint will	181

Upon principle soldiers and mariners wills may be proved by one wit	183

342	200

SECTION III	201

17 and n 38 Review of cases showing that acknowledgment of the paper	202

SECTION IV	228

But according to the English cases he cannot adopt a signature written	229

SECTION V	244

SECTION VI	252

it is revoked	271

These questions have become practically obsolete under the recent Eng	278

The provisions of the statute 1 Vict	279

Erroneous recital of the will in the codicil has no effect upon its con	287

Conclusion of this learned judge	293

Erasures supplied by alterations informally executed remain if legible	303

The act of revocation may be dependent upon the future dispositions	304

326	327

SECTION IV	419

SECTION V	437

SECTION VI	443

doubt	449

Irreconcilable repugnancy cured by rejecting the earlier portions 450	450

Further illustrations of incurable repugnancy 451 452	451

From the manner wills are made courts should preserve more important parts	452

No portion of the will is rejected for repugnancy except from necessity	453

But this is not done where there is ground for doubt in regard to the words	454

Words omitted may be supplied by reference to the correlative part of the will 455	455

The name of devisee may be supplied by clear intendment	456

Conflicting decisions stated in reference to similar cases	458

Lord Mansfield in Right v Sidebotham 460	460

Terms of one devise cannot be drawn into the construction of another wholly distinct 461	461

The correspondence must amount to identity 462	462

Where the defining of the estate is reserved to the end of the clause	463

The clear intent of the testator gathered from the whole will must prevail	464

Recapitulation of the rules deducible from the cases	465

SECTION VIII	467

SECTION X	492

This correction of mistakes in wills is effected by construction merely 501	501

Where the will is unnatural or improbable proof of testators motive	507

Advice argument and persuasion innocent within proper limits	508

Scrivener can never testify to meaning of ambiguous terms except	509

SECTION III	537

And if description applies in part to two societies direct evidence of	573

Jones v Newman	584

PROOF OF THE TESTATORS INTENTION	591

The terms appurtenances	595

Paper ambiguous must depend upon legal construction 665	596

Bequest to one his heirs executors c will lapse if such person	614

The intention of testator cannot be allowed to control the legal import	621

Still v Hoste carried this point further than most others	627

Legacy expressed in figures explained by parol	633

CHAPTER XI	666

Devise of all with a defined exception depending upon condition	667

And some indefiniteness of terms may be disregarded as an approxi	672

Enumeration of indefinite expressions in will not sufficient to create	678

SECTION II	693

a If the donee is a mere trustee without interest he is compellable	696

que trust	707

CHAPTER XII	721

CHAPTER XIII	731

258259	733

442	768

259 260	779

6768	780

443445	787

Die without issue construed without issue living 465	792

D	793

45 46	794

Istilah dan frasa umum

admissible American appear attestation Beav bequest Bradf Chancellor clause codicil construction courts of equity coverture death decease declarations delusion devise dispose disposition Doe d. v. ecclesiastical courts effect English courts English statute execution executor existence express extrinsic evidence fact favor former give ground heirs held Huthwaite insanity instrument intention Jarman jury land learned judge legacy legatee Lord Lord Chancellor Lord Eldon Lord Mansfield Lord Thurlow lucid interval mental mind mode monomania Moore nuncupative operate opinion paper parol evidence particular party personal estate personalty present presumption probate proved provisions purpose question real estate reason reference regard requisite revocation revoke rule rule of construction sanity seems signature statute of frauds subscribing sufficient supra tator testament testamentary capacity testator testator's testimony tion trust undue influence unless valid Vesey void vols wife witnesses words writing

Bagian yang populer

Halaman 279 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter 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...‎

Muncul dalam 748 buku dari 1813-2007

Halaman 13 - It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein ; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident...‎

Muncul dalam 176 buku dari 1794-2004

Halaman 75 - It is very difficult to define the invisible line that divides perfect and partial insanity ; but it must rest upon circumstances, duly to be weighed and considered both by judge and jury ; lest, on the one side, there be a kind of inhumanity towards the defects of human nature ; or, on the other side, too great an indulgence given to great crimes...‎

Muncul dalam 118 buku dari 1811-2006

Halaman 130 - In the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and to be able to form some rational judgment in relation to them.‎

Muncul dalam 101 buku dari 1852-1999

Halaman 274 - A. be dead at the date of the will or at the death of the testator, the issue of that child cannot take anything.‎

Muncul dalam 75 buku dari 1825-1996

Halaman 503 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which, with reference to these circumstances, they are capable.‎

Muncul dalam 57 buku dari 1835-2000

Halaman 196 - That any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate as he might have done before the making of this act.‎

Muncul dalam 166 buku dari 1807-2006

Halaman 280 - ... on a side or page, or other portion of the paper, or papers, containing the will, whereon no clause, or paragraph, or disposing part of the will shall...‎

Muncul dalam 73 buku dari 1852-2006

Halaman 7 - Commentaries on the Law of Promissory Notes, and Guaranties of Notes and Checks on Banks and. Bankers, with Occasional Illustrations from the Commercial Law of the Nations of Continental Europe.‎

Muncul dalam 97 buku dari 1821-2004

Halaman 8 - Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit.‎

Muncul dalam 152 buku dari 1817-2007

Informasi bibliografi

Judul	The Law of Wills ... Bagian 1 dari The Law of Wills, Isaac Fletcher Redfield
Pengarang	Isaac Fletcher Redfield
Penerbit	Little, Brown,, 1865

Ekspor Kutipan	BiBTeX EndNote RefMan

Tentang Google Buku - Kebijakan Privasi - Persyaratan Layanan - Informasi untuk Penerbit - Laporkan masalah - Bantuan - Beranda Google