A Treatise on the Law of Executors and Administrators, 1–2. köideV. & R. Stevens and G. S. Norton, 1856 - 2013 pages |
From inside the book
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Page 2
... opinion to the same effect , citing Glanvil , Bracton , Magna Charta , the Year Books , aud a passage from Sir Henry Finch ; the last of which authorities expressly lays it down , in the reign of Charles I. , to be the general law of ...
... opinion to the same effect , citing Glanvil , Bracton , Magna Charta , the Year Books , aud a passage from Sir Henry Finch ; the last of which authorities expressly lays it down , in the reign of Charles I. , to be the general law of ...
Page 3
... opinion , and regards Fleta also as a clear authority to the same purpose . But Mr. Somner , whose very learned and extended discussion of this subject seems to have escaped the author of the Commentaries , though not inclined to an ...
... opinion , and regards Fleta also as a clear authority to the same purpose . But Mr. Somner , whose very learned and extended discussion of this subject seems to have escaped the author of the Commentaries , though not inclined to an ...
Page 20
... opinion of his permanent incapacity . These consi- derations , while they tend to reconcile the apparent contra- dictions of witnesses , render it necessary for the Court to rely but little upon mere opinion , to look at the grounds ...
... opinion of his permanent incapacity . These consi- derations , while they tend to reconcile the apparent contra- dictions of witnesses , render it necessary for the Court to rely but little upon mere opinion , to look at the grounds ...
Page 22
... opinion , the testatrix had not then sufficient capacity to be able to know what she did , and that during the time she was occupied in writing , which was upwards of an hour , she by her manner and gestures showed many signs of ...
... opinion , the testatrix had not then sufficient capacity to be able to know what she did , and that during the time she was occupied in writing , which was upwards of an hour , she by her manner and gestures showed many signs of ...
Page 30
... opinion of the Privy Council in Waring v . Waring ( y ) . His Lordship , after demonstrating that no confidence can be placed in the acts , or in any act , of a diseased mind , however apparently rational that act may appear to be , or ...
... opinion of the Privy Council in Waring v . Waring ( y ) . His Lordship , after demonstrating that no confidence can be placed in the acts , or in any act , of a diseased mind , however apparently rational that act may appear to be , or ...
Contents
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Common terms and phrases
14th edition according action adminis afterwards alteration amount appear applied appointed assigns attested authority bond chattels circumstances cited codicil common considered creditor death debts deceased decided decision decree defendant devise died directed duty Ecclesiastical Court effect enacted entitled equity evidence executed executor or administrator former further give given granted ground Hagg hands heir held husband interest intestate judge judgment land lease legacy legatee letters of administration limited Lord marriage necessary observed obtained opinion Ordinary paid party pass payment personal estate Phillim possession Prerogative Prerogative Court probate proved question reason received recover rent representative respect revocation revoked Robert rule stat statute sufficient suit taken tenant term testator thereof tion tort trust unless whole wife witnesses
Popular passages
Page 707 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 707 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 76 - And be it further enacted, 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,...
Page xviii - ... shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will.
Page xiv - And be it further enacted, that every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, customary heir, executor, or administrator, or the person entitled as his or her next of kin, under the Statute of Distributions).
Page 460 - And if it shall hereafter appear, That any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said court, making request to have it allowed and approved accordingly, if the said...
Page xvii - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail or of a preceding gift, being without any implication arising from...
Page 308 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 460 - CD, deceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of him the said A. B., or into the hands and possession of any other person...
Page 111 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.