 | Great Britain. Privy Council. Judicial Committee - 1840 - 540 strani
...first that the onus probandi lies in every case upon the party propounding a Will ; and he must satisfy the conscience of the Court that the instrument so...under which he takes a benefit, that is a circumstance that ought generally to excite the suspicion (a) Reported 1 Curteis, Ecc. Rep. 614. (b) 3 Myl. & K.... | |
 | William Calverley Curteis - 1840 - 954 strani
...propounded, is the last will of a free and I 1 capable testator. mi j ' • .1 . 't . I he second is, that U a party writes, or prepares a will under which he...a circumstance which ought generally to excite the suspicioii of the Court, and calls upon it to be vigilant r . , . .. . & and joulous in examining the... | |
 | William Calverley Curteis - 1840 - 1022 strani
...tne party propounding a will ; and he must satisfy the conscience of the Court that the instruJ ment so propounded, is the last will of a free and ' ' .==~ - — ----- capable testator. m, i • .1 . •/• , •. The second is, that it a party writes, or prepares aw^ under which he... | |
 | John Scott, Great Britain. Court of Common Pleas - 1859 - 518 strani
...law that the onus probandi lies in every case on the party propounding a will, and he must satisfy the conscience of the court that the instrument so...propounded is the last will of a free and capable testator; and to Harwood v. Baker, 3 Moore's PC 282. In this latter case, a will had been propounded in the Prerogative... | |
 | 1862 - 174 strani
...first, the onus probandi, lies in every case, upon the party propounding the will, and he must satisfy the conscience of the Court that the instrument so...is the last will of a free and capable testator." Again : " In all cases, this onus probandi is imposed on the party propounding a will." In the late... | |
 | Joseph Delafield, New York (State). Court of Appeals - 1862 - 806 strani
...first, the onus probandi lies, in every case, upon the party propounding a will, and he must satisfy the conscience of the Court that the instrument so...is the last will of a free and capable testator." Again he says : "In all cases, this onus probandi is imposed on the party propounding a will." In the... | |
 | Austin Abbott - 1864 - 602 strani
...employed by her, must be regarded as written by herself; and this brings the case within the rule, that if a party writes or prepares a will under which he take* a benefit, it is a circumstance which ought generally to excite the suspicion of the court, and... | |
 | Massachusetts. Supreme Judicial Court - 1870 - 728 strani
..." that the onus probandi lies in every case upon the party propounding a will ; and he must satisfy the conscience of the court that the instrument so...is the last will of a free and capable testator." This statement, though apparently supporting the doctrine that the burden of proof on the issue of... | |
 | Richard Thomas Walkem - 1873 - 580 strani
...law that the onus probandi lies in every case on the party propounding a will, and he must satisfy the conscience of the Court that the instrument so...propounded is the last will of a free and capable testator ; and to Harwood v Baker (6). In this latter case, a will had been propounded in the Prerogative Court... | |
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These rules are two : the first, that the onus probandi lies in every case upon the party propounding a will, and he must satisfy the conscience of the Court that the instrument so propounded is the last will of a free and capable testator. 
