 ... is this : that if no evidence is given by the party on whom the burthen is cast, the issue must be found against him in all cases ; this onus is imposed on the party propounding a Will ; it is in general discharged by proof of capacity, and the fact...  The New South Wales Law Reports, 1880-1900 - Page 284by New South Wales. Supreme Court - 1891Full view - About this book
 | 1839 - 860 lehte
...on the party propounding a will; it is in general discharged by proof of capacity, and the fact of execution, from which the knowledge of and assent to the contents of the instrument are presumed, and it cannot be, that the simple fact of the party who prepared the will, being himself... | |
 | William Calverley Curteis - 1840 - 1022 lehte
...on the party propounding a will ; it is In general discharged by proof of capacity and the fact of execution ; from which the knowledge of and assent to the contents of the instrument Hi ;ire Msuincil, and it cannot be that the simple fact of the party who prepared the will, being himself... | |
 | 1850 - 736 lehte
...on the party propounding a will ; it is in general discharged by proof of capacity and the fact of execution, from which the knowledge of and assent...be that the simple fact of the party who prepared a will being himself a legatee is in every case and under all circumstances to create a contrary presumption... | |
 | Edward Vaughan Williams - 1856 - 966 lehte
...on the party propounding a Will ; it is in general discharged by proof of capacity, and the fact of execution, from which the knowledge of and assent to the contents of the instrument are presumed : and it cannot be, that the simple fact of the party who prepared the Will being himself... | |
 | David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - 1866 - 668 lehte
...on the party propounding a will ; it is, in general, discharged by proof of capacity and the fact of execution ; from which the knowledge of, and assent...will, being himself a legatee, is in every case and under-all circumstances to create a contrary presumption, and to call upon the Court to pronounce against... | |
 | Richard Thomas Walkem - 1873 - 580 lehte
...the party propounding a will ; it is, in general, discharged by proof of capacity, and the fact of execution, from which the knowledge of and assent to the contents of the instrument are presumed ; and it cannot be that the simple fact of the party who prepared the will being himself a... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 902 lehte
...of execution, from which the knowledge of and assent to the contents of the instrument are presumed: and it cannot be that the simple fact of the party...who prepared the will being himself a legatee is, in very case and under all circumstances, to create a contrary presumption ; and to call upon the court... | |
 | Amasa Angell Redfield - 1879 - 616 lehte
...on the party propounding a will. It is, in general, discharged by proof of capacity and the fact of execution from which the knowledge of, and assent...contents of the instrument are assumed, and it cannot be tlhit the simple fact of the party who prepared the will, being himself a legatee, is in everv case... | |
 | Quebec (Province) - 1882 - 820 lehte
...the party propounding a will, and it is in general discharged by proof of capacity and the fact of execution, from which the knowledge of, and assent to, the contents of the instrument are assumed : (see Barry \. Butlin, 2 EF Moore, 484.) Where Evidence is Required. — Whére a will upon the face... | |
 | John Chipman Gray - 1890 - 988 lehte
...the party propounding the will, — we feel bound to say that we assume the doctrine to be incorrect. assent to the contents of the instrument are assumed,...who prepared the will being himself a legatee, is iu every case, and under all circumstances, to create a contrary presumption, and to call upon the... | |
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