The Law of Wills Volume 1

The Law of Wills Volume 1

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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. 1869 edition. Excerpt: ...held that the doctrine of dependent relative revocation applied, and that the will of 1855 was entitled to probate. The English court of probate has adopted the rule that where the proof of the existence of the will is clear, and ofits destruction without the consent of the testator, and without any negligence, this evidences an apparent purpose of those having the custody of it to substitute secondary evidence for the original, and, where there is no objection on the part of the next ofkin, to admit a draught of the will to probate without calling upon the executors to propound it. Goods of Barber, Law Rep. 1 P. & D. 267. In a recent case in the New York Court of Appeals, Schultz v. Schultz, 35 N.Y. 653, it was held, that the facts that the will was placed in the custody of one for safe-keeping who accepted the charge and locked the will in a trunk, and had no reason to doubt its being there at the time of the dccease of the testator, except that upon'searcb it could not be found, aflbrded sufficient ground to presume its legal existence at the time of the deccase, and it must therefore be regarded as the testator's last will. And it is here declared, that, in order to establish the legal existence and operation of a will not found after the decease of the testator, it is sufficient to prove the fact of the loss or destruction, without the knowledge of the testator, by circumstantial evidence. In the case of Timon v. Clatfy, 45 Barb. 438, the extent of the chancery powers conferred on the supreme court in that state, by the revised statutes, in regard to establishing lost wills, is considerably discussed. It is limited to two cases: Where the will was in existence at the dccense of the testator, and where it was fraudulently...
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Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236772466
  • 9781236772466