Probate Reports Annotated: Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law : with Notes and ReferencesFrank Sumner Rice, William Lawrence Clark Baker, Voorhis, 1903 |
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... executed . The instrument sought to be established as such will was re- ceived in evidence , and it was conceded to be in the handwriting of the testator , except the signatures of the witnesses thereto , and the words " Ephraim F ...
... executed . The instrument sought to be established as such will was re- ceived in evidence , and it was conceded to be in the handwriting of the testator , except the signatures of the witnesses thereto , and the words " Ephraim F ...
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... executed , the parties will be allowed to go into circum- stantial evidence to prove its due execution . " ( Dean v . Dean's Heirs , supra . ) Nor was this all . When the attesting wit- nesses are dead , beyond the reach of process , or ...
... executed , the parties will be allowed to go into circum- stantial evidence to prove its due execution . " ( Dean v . Dean's Heirs , supra . ) Nor was this all . When the attesting wit- nesses are dead , beyond the reach of process , or ...
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... executed are evidence under the same restrictions , and for the same purpose . Such prior or subsequent declarations are competent evidence only as tending to prove the testator's mental condition when the will was executed . When from ...
... executed are evidence under the same restrictions , and for the same purpose . Such prior or subsequent declarations are competent evidence only as tending to prove the testator's mental condition when the will was executed . When from ...
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... execution of the will , yet such proof is always liable to be overcome , if it be satisfactorily shown that the tes- tator at the time he executed the will had the possession of his faculties . ( Turner v . Cheesman , 15 N. J. Eq . 243 ...
... execution of the will , yet such proof is always liable to be overcome , if it be satisfactorily shown that the tes- tator at the time he executed the will had the possession of his faculties . ( Turner v . Cheesman , 15 N. J. Eq . 243 ...
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... execution of the will it may be admissible as part of the res gesta . ( Dyer v . Dyer , 87 Ind . 13. ) Statements made by a testator after the execution of the will , tending to show that he then entertained an insane delusion against a ...
... execution of the will it may be admissible as part of the res gesta . ( Dyer v . Dyer , 87 Ind . 13. ) Statements made by a testator after the execution of the will , tending to show that he then entertained an insane delusion against a ...
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action affirmed agreement alleged amount ancillary administrator appellant appellee appointed assets authority Baird & Co beneficiary benefit bequeath bequest bill bond certificate Charles Baird Circuit Court claim clause codicil common law contract County Court court of equity creditors death debts deceased decedent declared decree deed defendant devise dividends entitled equity error evidence executed executor fact filed fund Gannon gift guardian heirs held husband income intention interest intestate issue judgment jurisdiction jury land legacy legatee letters testamentary liability marriage ment mortgage N. J. Eq N. Y. Supp opinion paid parties payment personal property petition plaintiff plaintiffs in error Probate Court proceeding proceeds purchase purpose question real estate received remaindermen residuary residuary estate rule share Stat statute suit supra tenant testamentary testamentary capacity testator's testatrix thereof tion trial Trimmier trust undue influence widow wife witnesses
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Seite 604 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Seite 9 - Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator and in the presence of each other.
Seite 122 - Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison. Verily I say unto thee, Thou shalt by no means come out thence till thou hast paid the uttermost farthing.
Seite 537 - The above instrument, consisting of two pages, was, at the date thereof, signed sealed published and declared, by the said Oliver Murray, as and for ^ his last will and testament, in presence of us, who, at his request and in his presence, and in the presence of each other have subscribed our names as witnesses thereto Henry V.
Seite 671 - Seventy five years, and being of sound mind and memory do make publish and declare this my last will and testament in manner following that is to say...
Seite 355 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
Seite 662 - In the name of God, Amen. I, (give name of testator) of (residence), being of sound mind and memory, do hereby make, publish, and declare this to be my last "Will and Testament, hereby revoking and making void all former "Wills by me at any time heretofore made.
Seite 110 - We think, then, that there is no error in the decree of the circuit court for the district of...
Seite 676 - ... it may arise when the will contains a misdescription of the object or subject; as where there is no such person or thing in existence, or, if in existence, the person is not the one intended, or the thing does not belong to the testator.
Seite 297 - In view of the conclusion we have reached, it is unnecessary to consider the position contended for by defendants under their sixth point.