Parish Will Case, in the Court of Appeals: Statement of Facts, on Behalf of Daniel Parish and the Heirs of James Parish, Deceased, Brothers of Henry Parish, Deceased, for the Court, John K. Porter, Jacob B. Jewett, of Counsel

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1862 - Počet stran: 123
 

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Strana 42 - ... that the protection of the law is in no cases more needed than it is in those where the mind has been too much enfeebled to comprehend more objects than one, and most especially when that one object may be so forced upon the attention of the invalid as to shut out all others that might require consideration; and therefore the question which their lordships propose to decide in this case is not whether Mr.
Strana 10 - Their Lordships are of opinion that, in order to constitute a sound disposing mind, a testator must not only be able to understand that he is by his will giving the whole of his property to one object of his regard, but he must also have capacity to comprehend the extent of his property, and the nature of the claims of others, whom by his will he is excluding from all participation in that property...
Strana 18 - That if, upon a careful and accurate consideration of all the evidence on both sides, the conscience of the Court is not judicially satisfied that the paper in question docs contain the last will of the deceased, the Court is bound to pronounce its opinion that the instrument is not entitled to probate.
Strana 19 - The second is, that if a party writes or prepares a will, under which he takes a benefit, that is a circumstance that ought generally to excite the suspicion of the court, and calls upon it to be vigilant and jealous in examining the evidence in support of the instrument, in favor of which it ought not to pronounce unless the suspicion is removed, and it is judicially satisfied that the paper propounded does express the true will of the deceased.
Strana 52 - And there shall none be admitted to the Holy Communion, until such time as he be confirmed, or be ready and desirous to be confirmed.
Strana 52 - It is expedient that every Person, thus baptized, should be confirmed by the Bishop, so soon after his Baptism as conveniently may be ; that so he may be admitted to the Holy Communion.
Strana 18 - That it is not the duty of the court to strain after probate nor in any case to grant it, where grave doubts remain un removed, and great difficulties oppose themselves to so doing.
Strana 16 - ... until some legal act has been done by which their rights under the statutes have been lost or impaired. Upon whom, then, is the affirmative? The party offering the will for probate says, in effect, This instrument was executed with the requisite formalities by one of full age and of sound mind ; and he must prove it ; and this is to be done, not by showing merely...
Strana 11 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Strana 121 - Ghost; he clenched his fist, to say that these three are one. I then took out an orange, signifying the goodness of God, who gives his creatures not only the necessaries but the luxuries of life ; upon which the wonderful man presented a piece of bread, showing that that •was the staff of life, and preferable to every luxury.

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