Delaware Reports; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans' Court of the State of Delaware Volume 14

Delaware Reports; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans' Court of the State of Delaware Volume 14

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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. 1895 edition. Excerpt: ...whether or not the paper writing which purports to he the last will and testament of Hannah Bennett, is her last will and testament. You have nothing to do with any matters as connected with any other will or any other transaction whatever, --though something has been said, and necessarily brought into the argument of this case, in relation to another will; but you are to confine your deliberations in arriving at your decision to the facts and circumstances immediately surrounding the execution of this paper, so that you may determine as to whether or not--according to the rules and instructions which we shall have to give you as laid down by the decisions of this court--this party was capable of making a last will and testament. So far as the making of the will was concerned under the statutory provision, a person 21 years of age, of sound and disposing mind and memory is competent to make a will. Where a will is made in due form; that is, where the will is signed by the testator and is attested by two credible witnesses, then it is prima facie a valid will.' The law presumes every man to be a man of sound and disposing mind and memory. When the formalities under those circumstances as required by the statute, are executed the will is primafacie proved. This paper writing, as I have said, purports to be the last will and testament of Hannah Bennett; and is her last will, in the presumption of the law, until facts and circumstances are presented which go to show and prove that, according to the decisions of law applying to the evidence as offered, she was not competent to make that last will and testament. Now it is contended on the part of the parties who opposed the will that she was not possessed of sufficient capacity to make a will....show more

Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236761162
  • 9781236761163