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according administration admitted adultery affidavit allegation allowed answer appears applied appointed asked believes brother brought called cause character circumstances codicil conduct considered costs Court dated daughter death debt deceased deceased's decree deponent desired died direct dispose domicil effect England entitled established evidence examined executed executor expressed facts father gave give given granted hand heard husband intention interest John Judge JUDGMENT Lady leave legacy legatee letter lived Lord March marriage married Mary mind mother natural never objection opinion paid party passed person pleaded possession prayed present probate producent pronounced proof proved question reason received resided respect Scotland sentence signed sister sufficient suit taken term testamentary thing tion told took valid whole widow wife witnesses writing
Strana 392 - Tennessee do make, ordain, publish and declare this my last will and testament, revoking all other wills by me heretofore made.
Strana 85 - If there is any proof, either in the paper itself, or from clear evidence dehors ; first, that it was the intention of the writer of the paper to convey the benefits by the instrument which would be conveyed by it, if considered as a will ; and secondly, that death was the event that was to give effect to it, then, whatever be its form, it may be admitted to probate as testamentary.
Strana 170 - The third rule I shall extract is, that the original domicil, or, as it is called, the forum originis, or the domicil of origin, is to prevail, until the party has not only acquired another, but has manifested and carried into execution an intention of abandoning his former domicil and taking another as his sole domicil.
Strana 169 - England there as at home, and twenty years hence as well as now: for it is a principle of universal law, that the natural-born subject of one prince cannot by any act of his own, no, not by swearing allegiance to another, put off or discharge his natural allegiance to the former...
Strana 244 - ... they mean to give their opinion only on the abstract question put to them, and to say that the mere fact of the marriage having been celebrated in England, whether between English or Scots parties, is not per se a defence against an action of divorce for adultery committed here.
Strana 290 - ... the counsel for the crown from proving the said marriage in an indictment for polygamy? 2. Whether, admitting such sentence to be conclusive upon such indictment, the counsel for the crown may be admitted to avoid the effect of such sentence, by proving the same to have been obtained by fraud or collusion ? Upon which questions Sir Wrm.
Strana 374 - ... it is enacted, that the executors in such cases shall have an action against the trespassers, and recover their damages in like manner, as they, whose executors they be, should have had if they were in life.
Strana 170 - is, that the domicil of origin is to prevail until the party has not only acquired another, but has manifested and carried into execution an intention of abandoning his former domicil, and taking another as his sole domicil ;" and that observation was made even with reference to domicil in different parts of the British dominions, when the choice was perfectly free from any restriction of conflicting duties. In the present case there is strong evidence of acquiring a new domicil, and an intention...
Strana 290 - Court against a marriage in a suit for jactitation of marriage is conclusive evidence so as to stop the counsel for the crown from proving the said marriage in an indictment for polygamy ? 2. Whether, admitting such sentence to be conclusive upon such indictment, the counsel for the crown may be admitted to avoid the effect of such sentence, by proving the same to have been obtained by fraud or collusion?