The Parish Will Case: In the Court of Appeals : the Statement of Facts, and the Opinion of the Court

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D. Appleton and Company, 1862 - Počet stran: 166
 

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Strana 34 - ... 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 2 - 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...
Strana 6 - These rules are two : the first, that the onus probandi lies in every case upon the party propounding a will, and he must satisfy the conscience of the Court that the instrument so propounded is the last will of a free and capable testator.
Strana 92 - Baptized, timely notice shall be given to the Bishop, or whom he shall appoint for that purpose, a week before at the least, by the Parents or some other discreet Persons, that so due care may be taken for their Examination whether they be sufficiently instructed in the Principles of the Christian Religion ; and that they may be exhorted to prepare themselves with prayers and fasting for the receiving of This Holy Sacrament.
Strana 6 - 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 307 - ... them: as the one dieth, so dieth the other; yea, they have all one breath; so that a man hath no pre-eminence above a beast: for all is vanity. All go unto one place; all are of the dust, and all turn to dust again. Who knoweth the spirit of man that goeth upward, and the spirit of the beast that goeth downward to the earth?
Strana 104 - 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 104 - 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 236 - I have myself usually told a jury, in these cases, that less mind is ordinarily requisite to make a will, than a contract of sale, understandingly, for the reason, that in contracts of sale there are usually two parties, and some degree of antagonism between their interests and efforts; so that here mind is opposed to mind, and consequently it is somewhat more difficult to see clearly the just bearing of all the relations presented, than under the common circumstances of making a will, where one...
Strana 281 - Coke, in the Marquis of Winchester's case (y), that it is not sufficient that the testator be of memory when he makes his Will, to answer familiar and usual questions, but he ought to have a disposing memory so as to be able to make a disposition of his property with understanding and reason ; and that is such a memory which the law calls sane and perfect memory (2).

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