The Ecclesiastical Law, Tom 2 |
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Strona 128
Upon this state of the evidence on both sides , it was insisted for the plaintiff , that
as the law stood before the statute of frauds , publication of a will was an
essential part thereof ; and if so , there is nothing in that statute to take it away :
And ...
Upon this state of the evidence on both sides , it was insisted for the plaintiff , that
as the law stood before the statute of frauds , publication of a will was an
essential part thereof ; and if so , there is nothing in that statute to take it away :
And ...
Strona 132
But this rule hath received a distinction of late , which liath greatly prevailed ,
between evidence offered to a court , and evidence offered to a jury . For in the
last case , no parol evidence is to be admitted , lest the jury should be inveigled
by it ...
But this rule hath received a distinction of late , which liath greatly prevailed ,
between evidence offered to a court , and evidence offered to a jury . For in the
last case , no parol evidence is to be admitted , lest the jury should be inveigled
by it ...
Strona 134
By the lord chancellor Hardwicke : As to the question , whether I ought to admit
parol evidence to explain the intention of the testator , I am of opinion , that this is
not a case in which parol evidence can be read , and would be of dangerous ...
By the lord chancellor Hardwicke : As to the question , whether I ought to admit
parol evidence to explain the intention of the testator , I am of opinion , that this is
not a case in which parol evidence can be read , and would be of dangerous ...
Strona 238
Thus a probate unrepealed is conclusive evidence in civil cases of the validity of
a will : and therefore payment of money to an executor who has obtained probate
of a forged will , is a discharge to the debtor of the intestate , though the probate ...
Thus a probate unrepealed is conclusive evidence in civil cases of the validity of
a will : and therefore payment of money to an executor who has obtained probate
of a forged will , is a discharge to the debtor of the intestate , though the probate ...
Strona
Evidence , one witness how far evidence , ii . 238 . how many witnesses , and of
what sort requisite to a will , iv . 79 — 105 . parol extrinsic evidence not admitted
in construing wills , 131 , & c . depositions and sentence in the spiritual court how
...
Evidence , one witness how far evidence , ii . 238 . how many witnesses , and of
what sort requisite to a will , iv . 79 — 105 . parol extrinsic evidence not admitted
in construing wills , 131 , & c . depositions and sentence in the spiritual court how
...
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according action administration advancement afterwards allowed appear appointed assets attested bill bishop bond brother brought called cause charged chattels child church common court creditors custom daughter death debts deceased decreed defendant devise died directed dispose distribution doth ecclesiastical ecclesiastical court effects entitled equal equity evidence execution executor father give given granted hands hath heir held husband ibid infant interest intestate inventory judge king lands lease legacy legatee letters living lord manner marriage oath opinion ordinary otherwise paid parish party pass payment personal estate plaintiff portion present probate proved question reason received refuse residue respect rule says share signed spiritual statute sufficient Swin taken testament testator's thereof thing tithes trust unless void whole wife witnesses writing
Popularne fragmenty
Strona 353 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Strona 277 - The Condition of this Obligation is such, that if the above bounden Administrator of all and singular the Goods Chattels and Credits of Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Deceased...
Strona 66 - That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in...
Strona 289 - ... goods, chattels, and credits of the said deceased at the time of his death, which at any time after shall come to the hands or possession of the said AB, or into the hands or possession of any other person or persons...
Strona 269 - Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the father or mother or a descendant of a brother or sister of the father or mother of the decedent, at the rate of six per centum of the clear value of such interest in such property.
Strona 77 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Strona 289 - The condition of this present obligation is such, that if the above bounden, John Field, who is appointed administrator on the estate of Solomon Field, late of said Attleborough, deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods, chattels, rights and credits of the said deceased...
Strona 391 - ... have any estate by the settlement of the intestate, or shall be advanced by the intestate in his lifetime, by portion or portions equal to the share which shall by such distribution be allotted to the other children to whom such distribution is to be made...
Strona 6 - And, upon the same principle, courts of law have of late years leaned as much as possible against construing demises, where no certain term is mentioned, to be tenancies at will; but have rather held them to be tenancies from year to year so long as both parties please, especially where an annual rent is reserved...
Strona 88 - That if any Person shall attest the Execution of any Will to whom or to whose Wife or Husband any beneficial Devise, Legacy, Estate, Interest, Gift, or Appointment, of or affecting any Real or Personal Estate (other than and except Charges and Directions for the Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will...