The Monthly Law Reporter Volume 10

The Monthly Law Reporter Volume 10

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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. 1848 edition. Excerpt: ...collection, beginning with the argument of Mr. Choate, who spoke first. " To a valid will, the law gives absolute efiect; and if the testator has complied with the forms of law, the will must be executed, however absurd or unnatural its provisions may be. Surely, such a will as this, could never have been anticipated; it was not to be dreamed of. It was natural that those, who had lived around him for fifty years, his relations by blood, should expect from their uncle, a bachelor, at least some token of his remembrance. Had he seen fit to divide between them and the devisees, regarding as well the claims of blood as of the public service, as we are now ready to do, the labor of this investigation would never have fallen to you. ' " No doubt the owner of property, by complying with the provisions of the law, may disinherit the child of his loins. The law first provides for heirs, and says, that while a right will may deprive them of the inheritance, yet the forms of law must be strictly and rigidly followed. The reason why the law provides that property shall descend to heirs, in the absence of a will, is not that somebody may be made richer, but to save the rush and scramble that would ensue, if everybody had an equal right to the accumulations of the deceased. While a relative exists on the face of the earth, the law seeks him out, and not till the most diligent scrutiny fails to find an heir, will the law interpose to take such property for public uses. And this is according to nature and the eternal fitness of things. Therefore, in every code, by every lawgiver, in every age, the right of the heir at law has been held first and most sacred. "' Still a discretionary power is given to disinherit heirs. But it may be more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 1236898680
  • 9781236898685