 | Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - 1834 - Liczba stron: 772
...the proof should be clear and decisive ; the balance must not be left in equilibria; the proof must go not merely to the act of signing, but to the knowledge of the contents of the paper." In Ingram v. Wyatt (b), the same learned Judge said, " The cases shew how extremely jealous the law is... | |
 | 1839 - Liczba stron: 860
...prepares the will, " the presumption and onu« proiandi is against the instru- \ ment, and the proof must go not merely to [ the act of signing, but to the knowledge of the contents of the paper ; (a) and that " where the capacity is doubtful there must be proof of instructions or reading over."(i)... | |
 | William Calverley Curteis - 1840 - Liczba stron: 1022
...prepares the will, "the presumption and onusprobandi is against the instrument, and the proof must go not merely to the act of signing, but to the knowledge of the contents of the paper," (a) and that " where the capacity is doubtful there must be proof of instructions, or reading over."... | |
 | Great Britain, Great Britain. Courts - 1841 - Liczba stron: 542
...prepares the will, " the presumption and onus probandi is against the instrument, and the proof must go not merely to the act of signing, but to the knowledge of the contents of the paper,"(a) and that " where the capacity is doubtful there must be proof of instructions, or reading... | |
 | Georgia. Supreme Court - 1849 - Liczba stron: 680
...should be clear and decisive. The balance must not be left in equilibria ; the proof must not merely go to the act of signing, but to the knowledge of the...paper. In ordinary cases this is not necessary, but the person who prepares the instrument and conducts the execution of it, is himself an interested person,... | |
 | Edward Vaughan Williams - 1856 - Liczba stron: 966
...prepares the Will, ' the presumption and onus probandi is against the instrument, and the proof must go not merely to the act of signing, but to the knowledge of the contents- of the paper ; ' and that, ' where the capacity is doubtful, there must be proof of instructions or reading over.'... | |
 | 1862 - Liczba stron: 174
...purports to direct. The doctrine is well stated in Parke vs. Ottatt, (2 Phill., 323,) that " where a person who prepares the instrument and conducts the...execution of it, is himself an interested person, propriety and delicacy would infer that he should not conduct the transaction." In this case, conceding... | |
 | Isaac Fletcher Redfield - 1865 - Liczba stron: 894
...property, which the instrument purports to direct. The doctrine is well stated in Paske r. Ollatt,55 that " where the person, who prepares the instrument and...execution of it, is himself an interested person, propriety and delicacy would infer that he should not conduct the transaction.' " " 1 Curteis, Eccl.... | |
 | Richard Thomas Walkem - 1873 - Liczba stron: 580
...the will, the presumption and onus jyrobandi is against Sect. II. the instrument, and the proof must go not merely to the act of signing, but to the knowledge of the contents of the paper ; and that where the capacity is doubtful, there must be proof of instructions or reading over. If... | |
 | Thomas Jarman - 1880 - Liczba stron: 908
...prepares the will, the presumption and onus probandi are against the instrument and the proof must go not merely to the act of signing, but to the knowledge of the contents of the paper, ( I'aske ». Ollatt, 2 Pliill. 323), and that where the capacity is doubtful, there must be proof of... | |
| |
In ordinary cases this is not necessary ; but where the person who prepares the instrument and conducts the execution of it is himself an interested person, his conduct must be watched as that of an interested person ; propriety and delicacy would infer... 
