The American and English Encyclopedia of Law, Volume 29John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland E. Thompson, 1895 - Law |
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Common terms and phrases
Appeal attesting witnesses Barb Beav bequest Bradf child codicil common law competent witness condition Conn construction construed contingent contract court death decease declared defendant devise disposition evidence executed executors fee simple gift Gratt H. L. Cas heirs held instrument intention interest intestacy Iowa issue Jarm Jones Eq Keokuk L. J. Ch land legacy legatee liable Lord Lord Eldon marriage ment N. J. Eq nesses owner Paige N. Y. paper party personal estate personalty plaintiff presence probate real and personal real estate remainder revocation revoked rule rule of construction Schouler share signature signed Smith Stat statute Statute of Frauds subscribing witnesses take effect tenant Tenn testamentary testator testator's testatrix Theobald tion trust twenty-one valid vested Wend wharf wharfage wharfinger wharves wife words
Popular passages
Page 344 - Executors nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it hath pleased God to bless me in this Life I give...
Page 223 - 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...
Page 529 - In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Page 167 - ... there shall appear to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature ; and the enumeration of the above circumstances shall not restrict the generality of the above enactment; but no signature under the said Act or this, Act shall be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction...
Page 267 - And by sect 21. it is enacted, " that " no obliteration, interlineation, or other " alteration made in any 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...
Page 245 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
Page 173 - Court shall inspect the will and see whether it appears to be signed by the testator, or by some other person in his presence and by his direction...
Page 400 - That a general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed to include any real...
Page 277 - No will nor any part thereof, shall be revoked, unless by burning, tearing, canceling or obliterating the same, with the intention of revoking it, by the testator, or by some person in his presence and by his direction...
Page 8 - If this power is granted to a borough or a city, it is a special private franchise, made as well for the private emolument and advantage of the city as for the public good.