Cyclopedia of Law ...American Correspondence School of Law, 1912 |
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Page 39
... proving a lucid interval must be assumed by him who asserts it . And it must be established by clear and satisfactory proof . While to determine whether the † Lunacy is the common legal designation of insanity or the state of being non ...
... proving a lucid interval must be assumed by him who asserts it . And it must be established by clear and satisfactory proof . While to determine whether the † Lunacy is the common legal designation of insanity or the state of being non ...
Page 40
... will is not conclusive of lunacy , though * Attorney General v . Parnther , 3 Brown Ch . 441 ; Page on Wills , Sec . 109 . † Davis ' Will , 91 Hun 209 ; Weirs ' Will , 9 Dana ( Ky . ) 434 . it may tend to prove it . The test of 40 WILLS .
... will is not conclusive of lunacy , though * Attorney General v . Parnther , 3 Brown Ch . 441 ; Page on Wills , Sec . 109 . † Davis ' Will , 91 Hun 209 ; Weirs ' Will , 9 Dana ( Ky . ) 434 . it may tend to prove it . The test of 40 WILLS .
Page 41
Charles Erehart Chadman. it may tend to prove it . The test of lunacy is the pres- ence of insane delusions , which delusions , as distin- guished from those designated monomania , have become the permanent and settled condition of the ...
Charles Erehart Chadman. it may tend to prove it . The test of lunacy is the pres- ence of insane delusions , which delusions , as distin- guished from those designated monomania , have become the permanent and settled condition of the ...
Page 43
... proving incapacity from delirium or drunkenness not amounting to permanent derangement , rests upon him who alleges it , as there is no presumption of continued incapacity . It is 3. Dementia . By dementia , is meant that condition ...
... proving incapacity from delirium or drunkenness not amounting to permanent derangement , rests upon him who alleges it , as there is no presumption of continued incapacity . It is 3. Dementia . By dementia , is meant that condition ...
Page 47
... prove one or all of them . Mistake , like fraud , is divided into mistake in the execution , and mistake in the inducement of the will . By mistake in the execution is meant that the testator through mistake , whether due to fraud , or ...
... prove one or all of them . Mistake , like fraud , is divided into mistake in the execution , and mistake in the inducement of the will . By mistake in the execution is meant that the testator through mistake , whether due to fraud , or ...
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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...