A Treatise on the Law of Evidence as Administered in England and Ireland: With Illustrations from American and Other Foreign Laws, 2. köideBlackstone Publishing Company, 1887 - 1810 pages |
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Page 3770
... testator , or by some other person in his presence ' and by his direction ; and such signa- ture shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time , and such wit- nesses ...
... testator , or by some other person in his presence ' and by his direction ; and such signa- ture shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time , and such wit- nesses ...
Page 3771
... testator must make or acknowledge his signature in the actual con- temporaneous presence of these witnesses , though this was not . necessary under the former Act ; and fourthly , that the will must be signed " at the foot or end ...
... testator must make or acknowledge his signature in the actual con- temporaneous presence of these witnesses , though this was not . necessary under the former Act ; and fourthly , that the will must be signed " at the foot or end ...
Page 3772
... testator , in the presence of this witness and another , acknowledged his signature , whereupon the second witness ... testator was held capable of acknowledging his signature to his will . Hudson v . Parker , 1 Roberts . 24 , per Dr ...
... testator , in the presence of this witness and another , acknowledged his signature , whereupon the second witness ... testator was held capable of acknowledging his signature to his will . Hudson v . Parker , 1 Roberts . 24 , per Dr ...
Page 3773
... testator ; and , although , if their signatures were not attached in the testator's room , proof would be required to show that he was in such a position as to have seen them write , 2 yet where the testator , being in bed , did not ...
... testator ; and , although , if their signatures were not attached in the testator's room , proof would be required to show that he was in such a position as to have seen them write , 2 yet where the testator , being in bed , did not ...
Page 3774
... testator's request . Unless , however , the judge is satisfied that the witnesses , before they subscribed the will , either saw the testator sign it or saw his signature attached to it , he must prɔ- nounce against its validity ; for ...
... testator's request . Unless , however , the judge is satisfied that the witnesses , before they subscribed the will , either saw the testator sign it or saw his signature attached to it , he must prɔ- nounce against its validity ; for ...
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Common terms and phrases
action admissible admitted affidavit allowed apply attendance attesting authorised Beav bill Bing cause certified copies Chancery cited clerk commissioners common law contained contract court Court of Chancery criminal cross-examination custody deed defendant Denman deposited documents Dowl duly Ellenborough enacts enrolled entry examined execution fact give evidence granted held House of Lords indictment inspection instrument Ireland issue judge judgment judicially noticed jury justice Law Rep Lord marriage matter ment notice oath parol evidence party payment perjury person plaintiff probate proceedings produce proof provable proved purporting purpose Queen's Bench Division question received in evidence record registrar respect rule Scotland seal signature signed solicitor statute Statute of Frauds subpoena subs summons Swab sworn Tenterden testator testimony therein thereof tion trial Trist unless warrant witness writ writing
Popular passages
Page 4012 - Court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 3770 - That no will shall be valid unless it shall be in writing and executed in manner herein-after 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 3783 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed...
Page 4088 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony...
Page 3740 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 4203 - ... conviction, without proof of the signature or official character of the person appearing to have signed the same.
Page 3802 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age...
Page 4107 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 3788 - That no obliteration, interlineation, or other alteration made in any will after the execution thereof shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as herein-before is required for the execution of the will...
Page 3805 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...