The Act for the Amendment of the Law with Respect to Wills (1 Victoria, C. 26), with Practical Notes and Observations, and a Copious IndexC. Reader, 1838 - 83 pages |
From inside the book
Results 1-5 of 6
Page 41
... destroying the same . ] - The words of the former statute were " burning , cancelling , tearing , or obliterating ... destroy which the law re- gards , and which it requires to be expressed by one or other of the modes above pointed out ...
... destroying the same . ] - The words of the former statute were " burning , cancelling , tearing , or obliterating ... destroy which the law re- gards , and which it requires to be expressed by one or other of the modes above pointed out ...
Page 42
... destroyed . The cover was burnt at one of the corners , but the will itself was entire . The jury found that the will was revoked . Upon a motion to set aside the verdict , the Court of King's Bench held that there was no evidence of a ...
... destroyed . The cover was burnt at one of the corners , but the will itself was entire . The jury found that the will was revoked . Upon a motion to set aside the verdict , the Court of King's Bench held that there was no evidence of a ...
Page 43
... destroyed it , but if it be found , though partly torn or burnt , it must be shown affirmatively that the act was done with an intention to destroy . If a person has not a disposing mind so that he cannot make a will , he cannot destroy ...
... destroyed it , but if it be found , though partly torn or burnt , it must be shown affirmatively that the act was done with an intention to destroy . If a person has not a disposing mind so that he cannot make a will , he cannot destroy ...
Page 45
... destroyed , the original dispo- sition is not revived , and if the testator afterwards marry , or if he make a new will , and then , having destroyed the latter , simply re - executes the original will , it revives only so much as was ...
... destroyed , the original dispo- sition is not revived , and if the testator afterwards marry , or if he make a new will , and then , having destroyed the latter , simply re - executes the original will , it revives only so much as was ...
Page 46
... destroyed the identity of the thing devised , operated as a re- vocation of the devise . The same effect was given to an act which merely indicated an intention to make a different disposition ; an imperfect convey- ance , as a ...
... destroyed the identity of the thing devised , operated as a re- vocation of the devise . The same effect was given to an act which merely indicated an intention to make a different disposition ; an imperfect convey- ance , as a ...
Other editions - View all
The Act for the Amendment of the Law With Respect to Wills, (1 Victoria, C ... No preview available - 2020 |
The ACT for the Amendment of the Law with Respect to Wills, (1 Victoria, C ... Robert Lush No preview available - 2016 |
Common terms and phrases
act passed after-acquired after-acquired property afterwards alteration attesting witness chattel interest child clause codicil construed contingent contrary intention court customary freehold customary or copyhold cuted cution death debts devise of lands devise or bequest devisor disposition entitled estate pur autre estate tail extend fee simple feme covert foot or end further enacted gift held hereditaments instrument intention shall appear intituled An Act lapse leasehold estates legacy legatee limitation Majesty's navy marines marriage ment necessary non-commissioned officer notwithstanding operation otherwise parliament of Ireland personal estate personal property personalty perty power of appointment presence presumption pur autre vie re-execution real estate real or personal reign of King render respect revived revocation revoked royal marines seems Seisins signature special occupant stamp duties Statute of Frauds sufficient surrender tate tator tenant right testamentary testator's thereof tion trust unless a contrary valid vested virtue vise void words
Popular passages
Page 18 - 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 1 - ... an act passed in the twelfth year of the reign of King Charles the Second, intituled " An Act for taking away the court of wards and liveries, and tenures in capite and by knight's service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof...
Page 59 - By the 30th section of that act, it is enacted, that " where any real estate (other than or not being a presentation to a church,) shall be devised to any trustee or executor, such devise shall be construed to pass the fee simple...
Page 64 - Bequest 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 39 - ... 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.
Page 52 - Estate to which such Description shall extend (as the Case may be), which he may have Power to appoint in any Manner he may think proper, and shall operate as an Execution of snch Power, unless a contrary Intention shall appear by the Will...
Page 47 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 14 - ... whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal...
Page 53 - ... shall be construed to include any real estate, or any real estate to which such description shall extend, as the case may be, which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power unless a contrary in ten tion shall appear by the will.
Page 42 - By sect. 21, 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 hereinbefore is required for the execution of the will...