Curiousities of Wills

Sprednja platnica
Sumner Whitney & Company, 1876
 

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Priljubljeni odlomki

Stran 67 - The above instrument was at the date thereof signed sealed published and declared by the said John Peter Brownyard as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Stran 202 - Where the characters in which a will is written are difficult to be deciphered, or the language of the will is not understood by the court, the evidence of persons skilled in deciphering...
Stran 76 - As when some one peculiar quality Doth so possess a man, that it doth draw All his affects, his spirits, and his powers, In their confluctions, all to run one way, This may be truly said to be a humour.
Stran 168 - Throwing it on the fire, with an intent to burn, though it is only very slightly singed, and falls off, is sufficient within the statute.
Stran 188 - there be two sorts of ambiguities of words ; the one is ambiguitas patens, and the other' latens. Patens is that which appears to be ambiguous upon the deed or instrument ; latens is that which seemeth certain and without ambiguity, for anything that appeareth upon the deed or instrument ; but there is some collateral matter out of the deed that breedeth the ambiguity.
Stran 50 - The law has not made requisite, to the validity of a will, that it should assume any particular form, or be couched in language technically appropriate to its testamentary character. It is sufficient that the instrument, however irregular in form or inartificial in expression...
Stran 125 - Where the name or description of a legatee is erroneous, and there is no reasonable doubt as to the person who was intended to be named or described, the mistake shall not disappoint the bequest. The error may be rectified. ... 1. By the context of the will; 2. To a certain extent by parol evidence.
Stran 155 - ... that no will shall be revoked, by any presumption of intention, on the ground of an alteration of circumstances.
Stran 54 - 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...
Stran 188 - Co. 68) down to this day, that parol evidence cannot be admitted to supply or contradict, enlarge or vary, the words of a will, nor to explain the intention of the testator, except in two specified cases: 1. Where there is a latent ambiguity, arising dehors the will, as to the person or subject meant to be described; and, 2. To rebut a resulting trust.

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