Georgia Reports Volume 14

Georgia Reports 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. 1854 edition. Excerpt: ...testimony for its-elucidation; but we are not called upon to pronounce a formal judgment on this point. 2. The Court below also decided that;a new trial should be granted, because of error upon the trial in rejecting evidence ofi'ered by the administrator, going to show the value of the whole estate of the testator, and that such evidence should have been admitted. To this the claimant excepts, and.=assigns the same as error. The general rule upon thissubject is, that parol testimony is inadmissible to explain a will, except forthe purpose of proving the circumstances surrounding the testator; that is to say, his situation in his relations to persons and things about him. A Court and jury, in the effort to discover the intention of a testator may as it were, thus put themselves in his place, and ascertain how the terms of the instrument affect the property, or subject-matter. Doe vs. Martirz, 1 N. Me. 524. Brown.vs. Thorndike, 15 Pick. 400. 2 Phil Ev. 277. 1 Greenl. Ev. 287, 288. When the Court decided that for the purpose of aiding in the endeavor to ascertain the meaning of the testator, in the 4th clause of his will, proof might be adduced of one of the extrin-sic or surrounding circumstances, viz: the amount or value of the whole estate, it was only applying this general rule, and 'erred not therefore in so doing. This was not deciding that the language of the testator might be proven to have been different from that appearing in the will; but it was simply saying that the will might be properly read in the light of the surrounding circumstances. Such testimony was not only proper, but as we have seen, it was needed in this case, in orderthat the ambiguity which existed in this clause of tile will might more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236830512
  • 9781236830517