 | C. Katharina Schockemöhle - 2000 - 172 str.
...Testierfähigkeit bewiesen werden kann.32 Barry v. Butlin (1838) 2 Moo. PCC 480, 482, Baron Parke: satisfy the conscience of the court that the instrument...is the last Will of a free and capable testator.". Symes v. Green ( 1 859) l Sw. & Tr. 40 1 , 402. vgl. Symes v. Green (1859) l Sw. & Tr. 401, 402; Sutton... | |
 | International Academy of Estate and Trust Law. Annual Conference - 2005 - 310 str.
...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...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... | |
 | New South Wales. Supreme Court - 1895 - 758 str.
...Batt (1). In Barry v. Butlin (2) the same Judge states the law in this way :— " The onus probandi lies in every case upon the party propounding the...is the last will of a free and capable testator." " Free " must mean " not subject to undue influence." That is a clear statement that both issues lie... | |
 | New South Wales. Supreme Court - 1900 - 856 str.
...These rules are two : the first that the onus probandi lies in everjr 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 circumstance... | |
 | New York (State). Supreme Court. Appellate Division - 1918 - 1144 str.
...propounding a will, and he must satisfy the conscience of App. Div.J Second Department, December, 1917. the Court that the instrument so propounded is the last will of a free and capable testator. * * * These principles, to the extent that I have stated, are well established. The former is undisputed.'... | |
 | Australia. High Court - 1912 - 800 str.
...B. in Barry v. Butlin (2) 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 propounded is the last will of a free and capable testator." But there is no fact having the effect... | |
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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. 
