 Nor can it be necessary that in all such cases, even if the testator's capacity is doubtful, the precise species of evidence of the deceased's knowledge of the Will is to be in the shape of instructions for or reading over the instrument ; they form,...  Delaware Reports: Containing Cases Decided in the Supreme Court (excepting ... - Stran 96avtor: David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - 1866Celotni ogled - O knjigi
 | 1839 - 860 strani
...that the instrument did express the real intentions of the deceased. Nor can it be necessary that, in such cases, even if the testator's capacity is doubtful,...but it has no right, in every case, to require it. Parke Б. in Barry v. Untliit, Monthly Law Mag. vol. iv. p. 23. INSOLVENT DEBTORS' COURT. Mar. 8. CASE... | |
 | William Calverley Curteis - 1840 - 1022 strani
...it not to grant pro- B.^T bate without full and entire satisfaction that the in- -«<"'«« strument did express the real intentions of the deceased. Nor...it, but it has no right in every case to require it. I have said thus much upon the rules of law applicable to this case, with the concurrence of all their... | |
 | Great Britain, Great Britain. Courts - 1841 - 542 strani
...and circumspection of the court in investigating the case, and calling upon it not to grant probate without full and entire satisfaction that the instrument...it, but it has no right in every case to require it. The case which their lordships have now to decide has been argued at the bar with much industry and... | |
 | 1855 - 804 strani
...and circumspection of the Court in investigating the case, and calling upon it not to grant probate without full and entire satisfaction that the instrument...and you must apply the facts of the case to them. Col. Davis was more or less blind ; the draftsman of the will, though not by name a legatee, took an... | |
 | Edward Vaughan Williams - 1856 - 966 strani
...and circumspection of the Court in investigating the case, and calling upon it not to grant probate without full and entire satisfaction that the instrument...; but it has no right in every case to require it. I have said thus much upon the rules of law applicable to this case, with the concurrence of all their... | |
 | Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 strani
...way. Harris, J., cited, and relied on the language of Baron Parke, in Butlin v. Barry ; " It cannot be necessary that in all such cases, even if the testator's...but it has no right in every case to require it." *EARL OF OXFORD'S CASE.1 [*601] [REPORTED 1 CH. KEP. 1.— 13 JAC. 1 .] JURISDICTION OF EQUITY AS TO... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 902 strani
...to him by some other person, the court must be satisfied by evidence from some source that he was in such evidence ; in some cases it might be impossible...; but it has no right in every case to require it. I have said thus much upon the rules of law applicable to this case, with the concurrence of all their... | |
 | Thomas Jarman - 1880 - 908 strani
...instructions for, or reading over the instrument? They form, no doubt, the most satisfactory, but they are nnt the only satisfactory description of proof by which...it, but it has no right in every case to require it" In such a case, where the testatrix was very old and near her end, and the will vas largely in favor... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1884 - 682 strani
...judgment goes on to say, "can it be necessary that in all such cases, even if the testator's capacity be doubtful, the precise species of evidence of the deceased's...but it has no right in every case to require it." The doctrine that I have been discussing, and the cases from which I have quoted, have, to my mind,... | |
 | 1886 - 898 strani
...cognizance of the contents of the will may be brought home to the deceased. The court would naturally lock for such evidence; in some cases it might be impossible...but it has no right in every case to require it." This case, we think, expresses the true limits of the doctrine. In no case is a will invalidated per... | |
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