The Law of Wills ...

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By statute of frauds nuncupative will cannot supersede written one
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DISABILITY FROM COVERTURE 1 Coverture is fast becoming no disability in regard to making wills 2 By the Roman Civil Law married women l...
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In many of the states testamentary power is expressly conferred upon
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In New York the courts have held the burden of proof as to wills
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married women
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Advice argament and persuasion innocent within proper limits
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SECTION IV
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Rule laid down by Sir C Cresswell
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Declarations of party interested may sometimes be received
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The terms appurtenances belonging to and the like how con
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515
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There can be no question such person may give testimony or execute
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4
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This is indicated by sudden and unaccountable change of character
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PARTIAL INSANITY MONOMANIA
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Paper ambiguous must depend upon legal construction
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Delusion in the deed to avoid the instrument must appear to have formed
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Delirium produced by stimulas may incapacitate one during the paroxysm 91
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Extreme old age does not incapacitate where the act is rational and free 98
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Old age should excite our watchfulness but is not presumptive of want
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cure
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The American cases have taken the same ground as the English 114
108
There is å marked difference between lucid intervals in delirium
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SECTION XIV
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CHAPTER II
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One under interdiction presumed incompetent to execute a will 133
133
The question is placed on the true ground in Maryland that appear
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Statement of the grounds and necessity for such watchfulness
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The same rule applies in large measure to the subject of insanity
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May be inquired of as to the effect of the testimony in detail and
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CHAPTER V
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If the paper is dependent upon a condition precedent that must be per formed 177
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But if made in the form of a will it must be done animo testandi
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part of the will
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Where there are discrepancies between the draft and the engrossed copy former control
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Mutual wills irrevocable in equity
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and mariners
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The history and rules of law applicable to such cases found in Prince v
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The law so defined hy Chancellor Kent and other writers
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Blackstone and Chitty affirm that the legal requisites must be strictly fulfilled
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In the American states this kind of will is now greatly restricted
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Not applicable to sickness of chronic character except at the very last
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In case of soldiers and seamen they need not call the witnesses in form
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The term seaman or mariner applies to all kinds of navigation to all engaged
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ments
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17 and n 38 Review of cases showing that acknowledgment of the paper
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A will is not made conditional by assigning an uncertainty as a reason
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Decision in Virginia that the paper must on its face appear com
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193 193
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But according to the English cases he cannot adopt a signature written
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The presumption of the due execution of a will is greatly favored
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315 316
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SECTION VI
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The English statute has removed these disabilities Husband and wife
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Last will and testament
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Extensive reviews of the cases on this point 267269
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giving the avails of the land
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The identification of the legatee may depend upon future events 274
274
Execution of wills making legacies a charge upon land 278
278
An attestation clause still desirable in practice
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Erroneous recital of the will in the codicil has no effect upon its con
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Finally settled such evidence not competent unless it amount to republi
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SECTION II
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Revocations by means of fraudulent imposition upon testator 328 329
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Presumptive revocation from destruction of duplicate if the other part
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The proper limits of the rule discussed 338
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Conveyance of the estate devised or a portion of it in America a re Focation pro tanto
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Sale of the estate and taking mortgage for price revocation pro tanto
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The conveyance of so large a portion as to break up the scheme of a will a revocation
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BY VOID CONVEYANCE OR AN ATTEMPT TO CONVEY ESTATE
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Bat where devise is given in same form as residue the rule is otherwise
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How far revocation of one office will affect others in same person
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Statement of other cases of express or implied revocation
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CHAPTER III
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The legal effect of republication is to make the whole will of that date 370
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The act of republication depends upon the intent of testator Facts
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The same rule of construction obtains in regard to the objects of testa
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Devise or bequest to relative if in existence is personal otherwise not384
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This rule is recognized as existing in Massachusetts by Wilde J
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Lord Chelmsfords views The probate held conclusive of the validity
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Incidents attaching to property by the foreign law of its situs merely
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VOL 1
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SECTION IV
419
SECTION V
437
SECTION VI
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Parts
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Almost any latitude of construction allowed to meet clear intent 18 Cases where or construed and too numerous to be quoted 19 What appears a lifee...
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Terms of one devise cannot be drawn into the construction of another
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465 466
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SECTION VIII
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and vice versa 469
469
Reference to American cases illustrative of the rule
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SECTION IX
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Devise to one his heirs or assigns creates a feesimple
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And construed or to prevent the divesting of a legacy
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Death in the lifetime of A and B means during their joint lives
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This correction of mistakes in wills is effected by construction merely 501
501
486
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Where the will is unnatural or improbable proof of testators motive
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The nonperformance of such promise is a virtual fraud Its perform ance decreed in equity
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THE EXECUTION OF WILLS
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Recognition of will after all influence removed evidence of its validity 529
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SECTION III
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Courts of equity will lend their aid in cases of fraud if required 572
539
SECTION IV
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Where the extrinsic evidence fails to remove the ambiguity the devise
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But a defective description of legatee may be aided by parol
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The name if applicable to a living person will control description
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Further illustrations of the application of the rule 619 620
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Exposition of the question by the judges in Anstee v Nelms 57 Review of Sir James Wigrams criticism of the opinions of the judges in the cases last n...
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to relative terms 658660
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65 and note The commentary of Mr Wigram upon this point 660
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Some American cases referred to upon the question
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Case illustrating the subject decided by Sir John Leach
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The intent must be gathered from words of will but may be construed in connection with writing referred to in the will
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The introductory words of will cannot enlarge devise except they are connected with it 664
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BEQUESTS OR TRUSTS VOID FOR UNCERTAINTY
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Questions of repugnancy in wills often more matter of construction than
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No general course of decisions in American courts in regard to uncertainty
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SECTION 1
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Aliens cannot devise real estate but may personalty subject to qualifica
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Precatory words sufficient where the intent is clear to create a bene
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CHAPTER XII
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CHAPTER XIII
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trusts
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Scrivener cannot testify to intention to have will operate from date
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653
777
658
778
355
790
8 9
792

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Strana 279 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter 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...
Strana lxxvii - It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein ; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident...
Strana 75 - It is very difficult to define the invisible line that divides perfect and partial insanity ; but it must rest upon circumstances, duly to be weighed and considered both by judge and jury ; lest, on the one side, there be a kind of inhumanity towards the defects of human nature ; or, on the other side, too great an indulgence given to great crimes...
Strana 130 - 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 to be able to form some rational judgment in relation to them.
Strana 274 - A. be dead at the date of the will or at the death of the testator, the issue of that child cannot take anything.
Strana 503 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which, with reference to these circumstances, they are capable.
Strana 196 - That any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate as he might have done before the making of this act.
Strana 280 - ... on a side or page, or other portion of the paper, or papers, containing the will, whereon no clause, or paragraph, or disposing part of the will shall...
Strana 7 - Commentaries on the Law of Promissory Notes, and Guaranties of Notes and Checks on Banks and. Bankers, with Occasional Illustrations from the Commercial Law of the Nations of Continental Europe.
Strana 8 - Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit.

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