The Law of Wills ...

Sampul Depan
Little, Brown,, 1865

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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
There can be no question such person may give testimony or execute
54
SECTION VIII
64
PARTIAL INSANITY MONOMANIA
70
82
83
Delirium produced by stimulus may incapacitate one during the paroxysm
91
Surrogate Bradfords rule in regard to wills executed by persons in
93
SECTION XIII
107
SECTION XIV
118
Review of the case of Stewart v Lispenard by Mr Justice Davies
120
The question is placed on the true ground in Maryland that appear
135
Statement of the grounds and necessity for such watchfulness
136
147
149
CHAPTER V
160
The point of inquiry in contingent testaments whether the condition
164
REQUIREMENTS IN THE EXECUTION OF WILLS UNDER THE STATUTE
169
218 219
178
Two or more may make joint will
181
By statute of frauds nuncupative will cannot supersede written one
183
136 137
189
342
200
SECTION III
201
17 and n 38 Review of cases showing that acknowledgment of the paper
202
SECTION IV
228
Consideration of the import of the term subscribe in the statute
229
SECTION V
244
SECTION VI
252
Extensive reviews of the cases on this point 267269
267
it is revoked
271
And where a sum of money is made a charge upon both real and per
277
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
SECTION II
302
Tearing off seal animo revocandi is a revocation although seal
303
The act of revocation may be dependent upon the future dispositions
304
326
327
137 138
335
BY VOID CONVEYANCE OR AN ATTEMPT TO CONVEY ESTATE
342
Law much the same in America as in England Revocation must
345
CHAPTER VIII
366
CHAPTER IX
378
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 IV
419
SECTION V
434
REPUGNANCY
443
doubt
449
Irreconcilable repugnancy cured by rejecting the earlier portions 450
450
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
and vice versa 469
469
Reference to American cases illustrative of the rule
470
SECTION IX
471
gift
484
In bequests to persons or their children or construed and
485
Devises to one or his heirs forever or in tail proper construction
486
Devise to one his heirs or assigns creates a feesimple
487
And construed or to prevent the divesting of a legacy
488
intent
491
ADMISSIBLE TO SHOW FRAUD OR UNDUE INFLUENCE 1 General statement of the rule 509
507
The nonperformance of such promise is a virtual fraud Its perform ance decreed in equity
508
Scrivener can never testify to meaning of ambiguous terms except
509
ance to be overcome
518
A will produced by fraud in favor of innocent parties is void
519
Some degree of influence which may qualify or even produce the will may not be undue
520
An undutiful testament set aside upon slight evidence of extraneous in fluence
521
Mere general influence will not be sufficient
522
SECTION III
537
411
569
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
596
412
612
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
113 114
645
CHAPTER XI
666
This has been carried so far as to reject one name and substitute another 692 693
667
SECTION II
694
a If the donee is a mere trustee without interest he is compellable
696
que trust
707
713
714
CHAPTER XII
721
CHAPTER XIII
731
258259
733
413
763
140 141
771
259 260
779
6768
780
443445
787
309 310
788
95 96
791
Die without issue construed without issue living 465
792
D
793
4546
794

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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.

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