Notes of Cases in the Ecclesiastical & Maritime Courts Volume 1

Notes of Cases in the Ecclesiastical & Maritime Courts Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1843 edition. Excerpt: ...will, promised to do so, and in May, 1837, he stated that he had made his will, and (as the deponent understood) in a way like that in which the property was disposed of in the will; in particular, that he had named some of his neighbours as referees in case of dispute. There was a proxy of consent from the parties who would be benefited in case of intestacy. Elphinstone, D., in support of the motion for probate, submitted that the presumption against the will, arising from the existence of an attestation clause without witnesses, was rebutted by the circumstances deposed to; and, with reference to the mixture of the two estates, cited Douglas v. Smith. Sir H. Jenner Fust.--If this had been a mere disposition of personal estate, the circumstances might have induced the Court to grant probate of this paper; but the property is to form one fund, and I cannot get over the difficulty. There have been many such cases, in which the Court has granted probate of the paper, where the real and personal estates were distinct; but here they are mixed, and the real estate must go to the heir-at-law. I cannot make that a good will which the law says is not a good will, nor pronounce that to be a valid will as to personal estate, 3Knapp. 11. which I know cannot be valid as to the real estate, where Feb. 3. the whole property is to form one fund. I must reject the jfaTdec motion. Motion re Denne, Proctor. jected. Horton v. Wilmot AND Others.--Motion.--This was Where a will originally a cause of calling in the probate, and putting the a', ',""the executors upon proof, of a will, dated in May, 1834, of Sir party opposing Robert Wilmot, Bart., who died in July, 1834, by his eldest aPPeal8. but -! " terwards the son, Sir Robert Wilmot Horton, more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236580362
  • 9781236580368