The Law of Wills ...Little, Brown,, 1865 |
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Halaman ix
... meaning of onus probandi as defined by Baron Parke 41-44 16. There seems to be no reason why the executor should first give proof of sanity 42 225 42 17. The rule as stated in Connecticut seems to require this 18. In other states ...
... meaning of onus probandi as defined by Baron Parke 41-44 16. There seems to be no reason why the executor should first give proof of sanity 42 225 42 17. The rule as stated in Connecticut seems to require this 18. In other states ...
Halaman xxxvi
... meaning to a will , unless absolutely impos- • • • sible 18. The children , and their issue , should not be disinherited on any doubt- ful construction 19. The court should give effect to all the words of a will , and not violate ...
... meaning to a will , unless absolutely impos- • • • sible 18. The children , and their issue , should not be disinherited on any doubt- ful construction 19. The court should give effect to all the words of a will , and not violate ...
Halaman xxxviii
... meaning 4. Words of local description , applied to one devise , referred to another , and vice versa 5. Reference to American cases illustrative of the rule SECTION IX . • 465 , 466 466 • 466 , 467 · 467 , 468 468 , 469 469 469 , 470 ...
... meaning 4. Words of local description , applied to one devise , referred to another , and vice versa 5. Reference to American cases illustrative of the rule SECTION IX . • 465 , 466 466 • 466 , 467 · 467 , 468 468 , 469 469 469 , 470 ...
Halaman xlii
... meaning of ambiguous terms , except in latent ambiguities • 51. Statement of cases where former will , and declarations of testator , ad- mitted , & c . 536 536 536 , 537 SECTION III . ADMISSIBILITY OF TESTATOR'S DECLARATIONS . 1. Not ...
... meaning of ambiguous terms , except in latent ambiguities • 51. Statement of cases where former will , and declarations of testator , ad- mitted , & c . 536 536 536 , 537 SECTION III . ADMISSIBILITY OF TESTATOR'S DECLARATIONS . 1. Not ...
Halaman xlvi
... meaning to relative terms • 65 , and note . The commentary of Mr. Wigram upon this point 66. Some American cases referred to upon the question . 67. Case illustrating the subject , decided by Sir John Leach 658 658-660 660 , 661 661 662 ...
... meaning to relative terms • 65 , and note . The commentary of Mr. Wigram upon this point 66. Some American cases referred to upon the question . 67. Case illustrating the subject , decided by Sir John Leach 658 658-660 660 , 661 661 662 ...
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Istilah dan frasa umum
admissible American appear attestation Beav bequest Bradf Chancellor circumstances clause codicil construction courts of equity death decease declarations delusion devise dispose disposition Doe d. v. ecclesiastical courts effect English statute execution executor existence express extrinsic evidence fact favor former give ground Hagg heirs held insanity instrument intention Jarman jury learned judge legacy legatee Lord Lord Chancellor Lord Eldon Lord Mansfield Lord Thurlow lucid interval marriage ment mental mind mode monomania Moore nuncupative operate opinion paper parol evidence particular party personal estate personalty Phillim present presumption probate proved provisions purpose question real estate reason reference regard requisite revocation revoke rule rule of construction sanity seems signature signed statute of frauds sufficient supra tator testament testamentary capacity testator testator's testimony tion trust undue influence unless unsoundness valid Vesey void vols wife 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...
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...
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...
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.
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.
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.
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.
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...
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.
Halaman 8 - Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit.