The American and English Encyclopaedia of Law Volume 30
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... the result of fraud or undue influence, or it will effect no revocation." (b) Mistake--aa. In G1=: N1: RA1..--An express clause of revocation inserted in a writing by mistak: is inoperative." C" i 66. IVIISTAKEN' Be1_11;1= AS TO FACTS----Beasoii for Revocation Set Forth.----Wl161'e a testator revokes a devise or bequest in a former will or codicil, and, as his reason for so doing, expressly sets forth in the revoking instrument the existence of a state of facts which turns out to be false, the condition upon which the revocation was to take effect is held to have failed, and the devise or bequest remains unrevokedfi It has been held, however, that revocation results where the testator founds his revocation upon advice or belief, though he may have been misinformed or under a misapprehension.' Revocation is also held to result where it appears that the facts are peculiarly within the knowledge of the testator." Beeeon for Revocation Rot sot Forth.--Where the testator has not set forth in the revoking instrument the grounds upon which the intent to revoke is founded, the instrument will operate to revoke the will," as evidence dz/tors the revoking instrument will not be admitted to show, as a reason for the revocation, a mistaken belief as to facts on the part of the testator." r. REVOCATION BY CANCELLATION OR DESTRUCTION or WILL (1) Statutory Provisions---(e) In England--Statute of Frauds.--By the sixth section of the statute of frauds it was provided that revocation of awritten devise of lands, tenements, or hereditaments, or any clause thereof, might be effected by burning, canceling, tearing, or obliterating the same, either by the testator himself or by another in his presence and by...
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