Reports of Cases Argued and Determined in the Ecclesiastical Courts at Doctors' Commons: And in the High Court of Delegates [1809-1821], Volumen1

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Página 100 - I think the strongest and best proof that can arise as to a lucid interval is that which arises from the act itself ; that I look upon as the thing to be first examined, and if it can be proved and established that it is a rational act rationally done the whole case is proved.
Página 424 - No devise in writing of lands, tenements, or hereditaments, or any clause thereof, shall be revocable otherwise than by some other will or codicil in writing, or other writing declaring the same...
Página 383 - And I do hereby Revoke and make Void all former and other Wills by me at any time heretofore made And I do Declare this only to be my Last Will and Testament...
Página 239 - The condition of this obligation is such, that if the within bounden AB administrator of all and singular the goods, chattels and credits of CD deceased, do make or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits...
Página 274 - Lawfully do or Cause to be Done, in and about the premises By Virtue of these Presents, in Witness Whereof I have hereunto set my hand and seal this twenty-fourth day of Febry.
Página 100 - Because, suppose you are able to show the party did that which appears to be a rational act, and it is his own act entirely, nothing is left to presumption in order to prove a lucid interval. Here is a rational act rationally done. In my apprehension, where you are able completely to establish that, the law does not require you to go further, and the citation from Swinburne does state it to be so.
Página 140 - ... provisions. Accordingly this court has conceived itself to be carrying the intention of the law into effect, when it has annulled marriages, where a false name has been inserted in the banns, though no fraud were intended ; upon the ground, that such proclamation was no proclamation referring to that marriage, but to another transaction ; the marriage therefore was without proclamation of banns, and consequently illegal.
Página 6 - is said to be the foundation, the substance, the head, and is indeed the true formal cause of the testament, without which a Will is no proper testament, and by the which only the "Will is made a testament.
Página 423 - AND BE IT FURTHER ENACTED, That no will in writing concerning any goods or chattels, or personal estate, shall be repealed, nor shall any clause, devise or bequest therein, be altered or changed by any words, or will by word of mouth only, except the same be in the life of the testator committed to writing, and after the writing thereof read unto the testator, and allowed by him, and proved to be so done by three witnesses at the least.
Página 473 - What, then, is the true sense, and sound reason, and foundation, of the rule itself? — In looking through the several cases, the foundation upon which the presumption stands, as pretty constantly stated, is the alteration in the testator's circumstances between the time of making his will, and the time of his death.— If it stood so general, as the mere alteration of circumstances, it would be very loose indeed. If it be added, " total alteration of circumstances" it is not much more definite.

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