An Examination of the Rules of Law Respecting the Admission of Extrinsic Evidence in Aid of the Interpretation of WillsC. Hunter, 1835 - 156 sider |
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Side xii
... dence is admissible to prove which of the per- sons or things so described was intended by the testator .... ... 78-125 Cases illustrating this proposition prior to the case of Miller v . Travers on appeal 78-90 Observations upon the ...
... dence is admissible to prove which of the per- sons or things so described was intended by the testator .... ... 78-125 Cases illustrating this proposition prior to the case of Miller v . Travers on appeal 78-90 Observations upon the ...
Side 6
... dence of the testator's intention . " No will is within the statute but that which is in writing ; which is as much as to say , that all that is effec- tual and to the purpose must be in writing , with- out seeking aid of words not ...
... dence of the testator's intention . " No will is within the statute but that which is in writing ; which is as much as to say , that all that is effec- tual and to the purpose must be in writing , with- out seeking aid of words not ...
Side 11
... dence of the material facts of the case , are in sufficient to determine the testator's meaning , no evidence will be admissible to prove what the testator intended , and the will ( except in certain special cases - see Proposition VII ...
... dence of the material facts of the case , are in sufficient to determine the testator's meaning , no evidence will be admissible to prove what the testator intended , and the will ( except in certain special cases - see Proposition VII ...
Side 12
... dence is admissible to prove which of the persons or things so described was intended by the testator . A separate examination of each of these sitions will now be gone into . propo- PROPOSITION I. A testator is always presumed to use ...
... dence is admissible to prove which of the persons or things so described was intended by the testator . A separate examination of each of these sitions will now be gone into . propo- PROPOSITION I. A testator is always presumed to use ...
Side 21
... dence , as in the case of Fonnereau v . Poyntz ( b ) , for the purpose of enabling the Court to construe the words in a particular sense , in which it was alleged the testatrix had used them . The Vice- Chancellor ( Sir Lancelot ...
... dence , as in the case of Fonnereau v . Poyntz ( b ) , for the purpose of enabling the Court to construe the words in a particular sense , in which it was alleged the testatrix had used them . The Vice- Chancellor ( Sir Lancelot ...
Almindelige termer og sætninger
11th codicil admission of extrinsic Adol ambiguity appear applied averment Barrow Gurney Beaumont Beechey Bing Bishop of Lincoln Clare Colpoys construction construed declarations dence described Doe d Douce Earnley evidence of intention evidence to prove exposition express extrinsic circumstances extrinsic evidence Fonnereau Francis Douce Gladman Goblet Goodinge Huthwaite inadmissible inapplicable infra Joseph Nollekens judgment lands language legacy Limerick Lord Chancellor Lord Cowper Lord Eldon manor Mary Holt meaning Mildmay Miller models Molineux Muckleston opinion parol evidence PATENT AMBIGUITIES person or thing personal estate plaintiff Poyntz primary sense principle Proposition prove intention question real estate reference to extrinsic Russell Selwood shew Snig Hill Statute of Frauds strict and primary subject intended sufficient Supra tator testator devised testator intended testator meant testator's intention testator's words testatrix thing intended Thomas tion tools for carving Travers Vern Westlake word mod writing
Populære passager
Side ix - 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...
Side x - ... will, a Court may inquire into every material fact relating to the person who claims to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the Court to identify the person or thing intended by the testator, or to determine the quantity of interest he has given by his will.
Side 34 - ... deciphering writing, or who understand the language in which the will is written, is admissible to declare what the characters are, or to inform the court of the proper meaning of the words.
Side 138 - Every claimant under a will has a right to require that a Court of construction, in the execution of its office, shall — by means of extrinsic evidence — place itself in the situation of the testator, the meaning of whose language it is called upon to declare.
Side 52 - Leach), who ordered that a case should be made for the opinion of the judges of the Court of King's Bench upon the following question — Whether the plaintiffs in the case, or any.
Side 2 - ... were present at the making thereof, nor unless it be proved that the testator, at the time of pronouncing the same, did bid the persons present, or some of them, to bear witness that such was his will...
Side 1 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Side 11 - Notwithstanding the rule of law which makes a will void for uncertainty, where the words, aided by evidence of the material facts of the case, are insufficient to determine the testator's meaning, courts of law, in certain special cases, admit extrinsic evidence of intention to make certain the person or thing intended, where the description in the will is insufficient for the purpose.
Side 25 - But if I have some land wherein all these demonstrations are true, and some wherein part of them are true and part false, then shall they be intended words of true limitation to pass only those lands wherein all those circumstances are true.
Side 10 - IV. Where the characters in which a will is written are difficult to be deciphered, or the language of the will is not understood by the court, the evidence of persons skilled in deciphering...