The Curiosities and Law of Wills

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S. Whitney & Company, 1876 - 216 strani

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Stran 201 - A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed.
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 201 - 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...
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 202 - ... will, a court may inquire into every material fact relating to the person who claims to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator, and of his family and affairs, for the purpose of enabling the court to identify the person or thing intended by the testator, or to determine the quantity of interest he has given by his will.
Stran 203 - ... words of a will, aided by evidence of the material facts of the case, are insufficient to determine the testator's meaning, no evidence will be admissible to prove what the testator intended, and the will (except in certain special cases, see VII.) will be void for uncertainty.
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 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 155 - ... that no will shall be revoked, by any presumption of intention, on the ground of an alteration of circumstances.
Stran 75 - If a person persistently believes supposed facts which have no real existence except in his perverted imagination, and against all evidence and probability, and conducts himself however logically, upon the assumption of their existence, he is, so far as they are concerned, under a morbid delusion ; and delusion in that sense is insanity.

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