Law Notes Volume 24

Law Notes Volume 24

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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. 1921 edition. Excerpt: ... family relations, and that, on the true construction of the will, the sister Annie Flynn was entitled to the property. There is no doubt, as observed by one of the judges in that case, a man is more likely to make a mistake in the surname of a married sister than in the Christian name by which he is in the habit of calling her. Lord Justice Ronan was strongly inclined to think that, without the help of the instructions, he would have arrived at the same conclusion. The English case of Re Ofner; Samuel 1: . Ofner (99 L. T. Rep. 813; (1909) 1 Ch. 60) proceeded on much the same principle. There a testator by his will gave legacies to his grandnephew Alfred Ofner, and to his grandnephew "Robert" Ofner. He had no grandnephew or other relation named "Robert" Ofner, but he had four grandnephews, one of whom was named "Richard" Ofner, a brother of Alfred. The testator's written instructions for the will referred to "Robert" Ofner as a brother of Alfred Ofner. It was held by the Court of Appeal that such instructions were admissible, not as evidence of intention, but to find out who was the grandnephew whom the testator had wrongfully described by the name of "Robert," and from-that it was clear that "Robert" was a mistake for "Richard." The court also decided that the fact that the document happened to be instructions for the will did not make it ipso facto any less admissible, not as instructions, but as a contemporaneous and serious document, explanatory of the meaning which the testator had wrongly attributed to the name "Robert," when describing the legatce. The line between evidence of intention and evidence of surrounding circumstances is'...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236808207
  • 9781236808202