Cyclopedia of Law ...American Correspondence School of Law, 1912 |
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Page 4
... given ; and where it concerns goods and chattels alone , it is termed a testament . " - Ibid . “ A will is a legal declaration of a person's intentions , to take effect after his death . The essential difference between a will and any ...
... given ; and where it concerns goods and chattels alone , it is termed a testament . " - Ibid . “ A will is a legal declaration of a person's intentions , to take effect after his death . The essential difference between a will and any ...
Page 36
... given in the previous section ( Sec . 945 ) , that is , if he understands the nature and extent of his property , his relation to , and the proper objects of his bounty , and the nature of the act which he is about to perform ...
... given in the previous section ( Sec . 945 ) , that is , if he understands the nature and extent of his property , his relation to , and the proper objects of his bounty , and the nature of the act which he is about to perform ...
Page 46
... given to a person who has fraudulently assumed a character not his true one , or if the particular will was the result of any other fraudulent imposition practiced upon the testator the fraud will vitiate it . * The fraud just mentioned ...
... given to a person who has fraudulently assumed a character not his true one , or if the particular will was the result of any other fraudulent imposition practiced upon the testator the fraud will vitiate it . * The fraud just mentioned ...
Page 48
... given is that it is an impossible undertaking for the court to say in what manner the will was affected by the mistake and to determine just what the testator would have done if the mistake of fact had not existed . That this reasoning ...
... given is that it is an impossible undertaking for the court to say in what manner the will was affected by the mistake and to determine just what the testator would have done if the mistake of fact had not existed . That this reasoning ...
Page 64
... given effect as nuncupative wills , where the incompletion by the pre- scribed formalities was due to the " act of God . " * The revocation or alteration of a duly executed writ- ten will cannot be effected by a nuncupative will . In ...
... given effect as nuncupative wills , where the incompletion by the pre- scribed formalities was due to the " act of God . " * The revocation or alteration of a duly executed writ- ten will cannot be effected by a nuncupative will . In ...
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Common terms and phrases
administrator admitted to probate appears applied assets attestation beneficiary bequeathed bequest claims codicil Common Law condition Conn construed contest contingent contract court of equity debts deceased decedent declared descent devise dispose disposition erty evidence execution executor facie fact fee simple fraud gift gift causa mortis gift inter vivos give given heirs held husband insane delusion instrument intention interest intestate invalid jurisdiction jury land legacies legatee lucid interval Mass meant ment mind N. J. Eq nuncupative officer Ohio paper party pass payment personal property personalty plaintiff presence presumption proof provisions question real estate real property realty representative residuary clause revocation revoked rules of construction signature signed Smith Stat Statute of Frauds statutes subscribing witnesses sufficient take effect testament testamentary capacity testator testatrix tion undue influence unless usually valid vested void wife words writing
Popular passages
Page 248 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Page 25 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 11 - Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as One Person or Thing ; and every Word importing the Masculine Gender only shall extend Gender, and be applied to a Female as well as a Male.
Page 15 - ... or administrator of the party that had the estate thereof by virtue of the grant...
Page 158 - Verily, verily, I say unto thee, when thou wast young, thou girdest thyself, and walkedst whither thou wouldest: but when thou shalt be old, thou shalt stretch forth thy hands, and another shall gird thee, and carry thee whither thou wouldest not.
Page 88 - Signed, sealed, published and declared by the said John Alden, 2nd, 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 the day and year above written.
Page 298 - First — After all my lawful debts are paid and discharged, I give and bequeath to my two daughters, Mary L.
Page 121 - ... be in writing and signed by the testator or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses...
Page 15 - 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...
Page 11 - Bequest therein ; and also so much of an Act passed in the Fourth and Fifth Years of the Reign of Queen Annf, intituled A n Act fur the Amendment of the Late and the better Advancement of Justice...