Illustrative Cases on the Law of WillsWest Publishing Company, 1916 - 322 páginas |
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Términos y frases comunes
admitted to probate affirmed alleged appeal bequest bill child circumstances claim clause codicil condition construction construed contestants contract court of equity daughter death deceased declarations decree deed defendant devise died discussion of principles dispose disposition effect evidence executed executor express fact follows fraud Gardner gift gift causa mortis grandchildren Haviland heirs at law held insane instrument intention interest intestate issue judgment jury land language legacy legatees Male marriage Mary meaning Morgan Morgan Morgan N. J. Eq nuncupative opinion is given paper party personal estate personal property Peter Masterson plaintiff plaintiff in error present probate court proof proponents proved provisions question real estate remainder residuary residue revocation revoke rule rule against perpetuities rule in Shelley's signature signed statute statute of frauds sufficient supra Supreme Court testament testamentary testamentary capacity testator's testatrix tion trust undue influence valid vested widow wife words writing
Pasajes populares
Página 159 - No will in writing, except in the cases hereinafter mentioned,, nor any part thereof, shall be revoked, or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to be executed...
Página 136 - ... 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.
Página 109 - That every will shall be in writing, and unless the person making the same .shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence, and by his express direction, and in all cases shall be proved by the oaths or affirmations of two or more competent witnesses, otherwise such will shall be of no effect.
Página 307 - First - after the payment of my just debts and funeral expenses, I give, devise and bequeath...
Página 116 - writing, and signed by the testator, or by some person " in his presence and by his express direction, and attested " and subscribed in the presence of the testator, by three or more
Página 83 - The only question therefore is, whether the machines when fixed were parcel of the freehold; and this is a question of fact, depending on the circumstances of each case, and principally on two considerations; first, the mode of annexation to the soil or fabric of the house, and the extent to which it is united to them, whether it can easily be removed integre, salve, et commode, or not, without injury to itself or the fabric of the building; secondly...
Página 194 - In the county of which the decedent was a resident at the time of his death, in whatever place he may have died; 2.
Página 78 - A thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers, and such construction ought to be put upon it as does not suffer it to be eluded.
Página 171 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Página 98 - No will made within this state, except such nuncupative wills as are mentioned in the following section, shall be effectual to pass any estate, whether real or personal, nor to charge, or in any way affect the same, unless it be in writing, and signed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses...