 | Joseph Delafield, New York (State). Court of Appeals - 1862 - 806 str.
...sides, is not judicially satisfieit that the papers in question do contain the last will and testament of the deceased, the Court is bound to pronounce its opinion that the instruments are not entitled to probate. It is impossible, within any reasonable or practicable limits,... | |
 | Austin Abbott - 1864 - 602 str.
...both sides, the conscience of the court is not judicially satisfied that the paper in questiou does contain the last will of the deceased, the court is...opinion that the instrument is not entitled to probate. When it is sought to establish a posterior will, to overthrow a prior one made by the testator in health,... | |
 | Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 str.
...both sides, the conscience of the court is not judicially satisfied that the paper in question does contain the last will of the deceased, the court is bound to conclude that the instrument is not entitled to probate." Thus considered, the presumption regulates... | |
 | Amasa Angell Redfield - 1879 - 616 str.
...bounty, and the scope and bearing of his will ; but when it is sought to establish a posterior will, and overthrow a prior one made by the testator in health...and under circumstances of deliberation and care, which is free from all suspicion, and when the subsequent will was is.ade he was in enfeebled health,... | |
 | John Hutton Balfour Browne - 1880 - 722 str.
...all the evidence cm both aides, the Court is not judicially satisfied that the paper in question does contain the last will of the deceased, the Court is...its opinion that the instrument is not entitled to probate."1 A similar rule has been laid down in other States2 — why, it is somewhat difficult to... | |
 | Alfred Howell - 1880 - 560 str.
...judicially satisfied that the paper in question does contain the last will and testament of the deceased, it is bound to pronounce its opinion that the instrument is not entitled to probate " (a). This question involves thefactum (') of the will, " which means not barely the signing or formal... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1884 - 682 str.
...judicially satisfied that the paper in question does contain the last will and testament of the deceased, it is bound to pronounce its opinion that the instrument is not entitled to probate." The other is, the principle which gives, as the criterion of testamentary capacity, the ability of... | |
 | Theodore Frelinghuysen Cornell Demarest - 1885 - 722 str.
...sides, the conscience of the court is not judicially satisfied that the paper in question contains the last will of the deceased, the court is bound...opinion that the instrument is not entitled to probate." These doctrines are applicable to the case at bar, although in form this proceeding is not a proceeding... | |
 | 1904 - 1246 str.
...burden Is not shifted during the progress of the trial, and is not removed by proof of the factum of the will. * * * (3) That if, upon a careful and accurate...opinion that the instrument is not entitled to probate. * * * (5) That it is not the duty of the court to strain after probate, nor in any case to grant it... | |
 | 1894 - 1218 str.
...sought to establish a later will and overthrow a prior one,— the prior will made when the testator was in health, and under circumstances of deliberation and care, and which is free from all suspicion ; the later will made when in feeble health, and in hostility to the provisions of the prior one, —... | |
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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... 
