A Treatise on the Law Relating to the Execution and Revocation of Wills and to Testamentary Capacity: With an Appendix Containing "The Wills Act, 1873" and a Number of Useful Forms of Wills

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Willing and Williamson, 1873 - 448 páginas
 

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execution of wills
13
The result the same if the completion is prevented by violence
14
OF THE CAPACITY TO MAKE A WILL
15
Better opinion is that they had not
20
a will
22
Construction of 21st section of The Wills Act 1873
23
Mode of computing time of attainment of majority
24
CHAPTER IV
25
disabilities
27
7 Assent of the husband
28
Power of married woman to devise legal estate in her lands
29
SECTION II
35
Particulars of that case 41
41
Limitation of married womans power to devise under the 16th
45
UNSOUNDNESS OF MIND
51
Of the test of sanity Opinion of Dr Ray 62
62
SECTION III
74
Case of Morgan v Boys
105
Opinion of Sir John Nicholl as to effect of rationality of Will
107
Insanity being once proved the presumption is that it continues
109
Intoxication short of producing oblivion will not incapacitate
113
SECTION VII
120
Roman law disallowed inofficious wills
121
CHAPTER VIII
132
If person who drew the will and was benefited by it stands in
138
ing Wills of personal estate must also generally be in writing
157
n 6 When probate granted of several papers the grant is to all
158
Example furnished by Lister v Smith Parol evidence must be cogent
164
Conjoint or mutual wills
170
Of the mode in which a Will of Real Estate must be written rAOK 1 Will must be in writing Construction of the word writing 176
176
SECTION III
177
complete signature
179
Not necessary under the Statute of Frauds that signature should be in any particular part of the instrument 1 79
180
Instance of sentence excluded from probate
182
Testator must under new statutes Bign before the witnesses
183
Testator may authorize some other person to sign for him
184
a State of the law under the Statute of Frauds
193
c Difference between our Statute and the Statute of Frauds
194
Other reasons for holding the Statute of Frauds to be still in force
195
n a Opinion of Draper C J in Ryan v Devereux Positive evi dence by the witnesses of the signing or acknowledgment not necessary
196
Attesting witness may authorize another to sign for him
197
Running over a previous signature with dry pen insufficient
199
Case of Roberts v Phillips
200
Meaning of the word subscribe considered
201
Witnesses should sign in such a place as to leave no doubt of
204
Credibility of the witnesses
210
The new Act applies to wills of personal as well as real estate
214
SECTION III
222
If the completion of the will was prevented by accident it may
231
Judgment of Sir J Nicholl in that case
233
or THE INCORPORATION INTO A WILL BY REFERENCE OF UNEXECUTED
239
Question how far parol evidence is admissible to assist in identifica
245
When a person benefited draws the will the proof of knowledge
249
CHAPTER VI
257
A codicil contingent on an event which does not happen is still
261
Consideration of the words contrary intention in the 21st section
272
Provisions of The Wills Act 1873 as to estates pur autre vie
278
plained 281
279
But the birth of a child together with other circumstances may
285
OF REVOCATION BY BURNING CANCELLING TEARING OBLITERATING
289
A will held unrevoked though several lines had been cut off
295
A will is not revoked by mere abandonment
304
A letter declaring an intention to revoke is sufficient under
305
The proof of a subsequent revoking will not forthcoming must
306
CHAPTER IV
322
Alterations in a will may be in pencil but pencil alterations in
328
Example of insufficient attestation of alterations in a will
333
or DEPENDENT RELATIVE REVOCATION
345
Opinion of Sir C Cresswell in that case
351
Marriage on the day of but subsequent to the execution of a will
366
Case of In the goods of Worthington 288
449

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Página 162 - That no will shall be valid unless it shall be in writing and executed in manner herein-after 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...
Página 400 - Know all men by these present that I George W. McQuitty of Boone County Missouri being in ill health but of sound and disposing mind and memory do make and publish this my last will and testament hereby revoking all former wills by me at any time heretofore made.
Página 287 - That no Will or Codicil, or any Part thereof, shall be revoked otherwise than as aforesaid, or by another Will or Codicil executed in manner herein-before required, or by some Writing declaring an Intention to revoke the same, and executed in the Manner in which a Will is hereinbefore required to be executed...
Página 390 - ... utterly null and void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment, mentioned in such will.
Página 391 - ... is required for the execution of the will; but the will, with such alteration as part thereof, shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witnesses be made in the margin or on some part of the will...
Página 393 - Issue, unless a contrary Intention shall appear by the Will, by reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description...
Página 14 - ... an act passed in the twelfth year of the reign of King Charles the Second, intituled ' An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights Service and Purveyance, and for settling a Revenue upon his Majesty in lieu thereof...
Página 393 - ... shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Página 314 - Will after the Execution thereof shall be valid or have any Effect, except so far as the Words or Effect of the Will before such Alteration shall not be apparent...
Página 392 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.

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