| Queensland. Supreme Court - 1897 - 228 str.
...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...propounded is the last will of a free and capable testator. The second is, that if a party writes or prepares a will, under which he takes a benefit, that is a... | |
| Charles Fisk Beach - 1897 - 1100 str.
...rules are two: the first, that the amis probandi lies in every case upon the the party propounding a will, and he must satisfy the conscience of the court that the instrument BO propounded is the last will of a free and capable testator. The second is, that if a party writes... | |
| Edmund Powell, John Cutler - 1898 - 728 str.
...always acted upon :—" 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...propounded is the last will of a free and capable testator. The second is, that if a party writes or prepares a will under which he takes a benefit, that is a... | |
| James Bradley Thayer - 1900 - 1296 str.
...These rules arc 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...propounded is the last will of a free and capable testator. The second is, that if a party writes or prepares a will, under which he takes a benefit, that is a... | |
| Krishnarao Phatak - 1904 - 400 str.
...co-parceners. Will — (continued). The onus probwndi lies in every case upon the party propounding a will ; and he must satisfy the conscience of the court that the instrumentso propounded is the last will of a free and capable testator. 46 It. R. 123. Whatever a... | |
| Australia. High Court - 1915 - 810 str.
...reference to the proof of wills, that " the onus probandi lies in every case upon the party propounding a will ; and he must satisfy the conscience of the Court...is the last will of a free and capable testator." But, said Parke B. (3), in delivering the judgment in that case, "the strict meaning of the term onus... | |
| Syed Ameer Ali, Sir John George Woodroffe - 1898 - 1646 str.
...Ufalicious Prosecution," ante. Wills. — The onus probandi lies in every case upon the party propounding a will • and he must satisfy the conscience of the...propounded is the last will of a free and capable testator. The onus is in general discharged by proof of capacity and the fact of execution.8 The quantum of evidence... | |
| George Purcell Costigan - 1910 - 810 str.
...Butlin, 1 Curt. Ecc. R. 037 : "That the onus probandi lies in every case upon the party propounding a will ; and he must satisfy the conscience of the court...is the last will of a free and capable testator." It was suggested in the argument of the case in judgment that a higher degree of proof of testamentary... | |
| George Purcell Costigan - 1910 - 874 str.
...Butlin, 1 Curt. Ecc. R. 637 : "That the onus probandi lies in every case upon the party propounding a will ; and he must satisfy the conscience of the court...is the last will of a free and capable testator." It was suggested in the argument of the case in judgment that a higher degree of proof of testamentary... | |
| |