The Law of Wills ...Little, Brown,, 1865 |
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Halaman ix
... proof rests on the executor , or party claiming under the will • · 2. There is some apparent conflict in the opinions expressed upon this point 3. But this results from not carefully observing the occasion of such opinions 4. The burden ...
... proof rests on the executor , or party claiming under the will • · 2. There is some apparent conflict in the opinions expressed upon this point 3. But this results from not carefully observing the occasion of such opinions 4. The burden ...
Halaman x
... proof , as to wills and other instruments , the same • • n . 32. The rule , as laid down in Swinburne , approved 26. The question as determined by the surrogate of New York 27. Testamentary capacity , during a lucid interval , should be ...
... proof , as to wills and other instruments , the same • • n . 32. The rule , as laid down in Swinburne , approved 26. The question as determined by the surrogate of New York 27. Testamentary capacity , during a lucid interval , should be ...
Halaman xiv
... proof of restora- tion to reason must be clear 3. Lord Thurlow's definition : " The mind must have thrown off the dis- ease , and recovered its general habit " n . 4. There must be something more than the mere succession of par- oxysm ...
... proof of restora- tion to reason must be clear 3. Lord Thurlow's definition : " The mind must have thrown off the dis- ease , and recovered its general habit " n . 4. There must be something more than the mere succession of par- oxysm ...
Halaman xxi
... proof , either internal or external , must show the fact 216 , 217 , 218 14. The attestation clause is presumptive evidence of due execution in that mode . But if that is defective , or the witnesses deny the facts , it may be ...
... proof , either internal or external , must show the fact 216 , 217 , 218 14. The attestation clause is presumptive evidence of due execution in that mode . But if that is defective , or the witnesses deny the facts , it may be ...
Halaman xxii
... proof is greater . 235 , 236 • • 236 , 237 237 n . 13. In the execution of powers , the requirements of the power must ap- pear on the face of the will 232 , 233 11. The presumption of the due execution of a will is greatly favored by ...
... proof is greater . 235 , 236 • • 236 , 237 237 n . 13. In the execution of powers , the requirements of the power must ap- pear on the face of the will 232 , 233 11. The presumption of the due execution of a will is greatly favored by ...
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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.