The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 13

The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 13

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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. 1882 edition. Excerpt: ...undue influence differs when applied to wills and when applied to gifts. B03/se v. Rossboroug/1, 6 H. L. C-as. 2; Paqfitt v. Lawless, L. R. 2 P. & D. 462. The influence which is undue in cases of gifts inter vivos, is very different from that which is required to set aside a will. In testamentary cases, undue influence is always defined as coercion or fraud, but, inter vivos, no such definition is applied. Vhere parties hold position in which one is more or less dependent upon the other, courts of equity hold that the weaker party must be protected, and they set aside his gifts if he had not proper advice independently of the other. Huguenin v. Baseley, supra, notes, p. 1271. In the present case, these gifts, while gifts inter vivos, were undoubtedly intended by the donee to operate as a testamentary disposition of the donor's property. Now, it seems to me that where it is apparent that a gift is made to accomplish the purpose of a will, to operate as such an instrument, without being surrounded by the formal guards which the statute has provided for the execution of a will, it raises an additional reason why a gift like this should be scanned with circumspection, and why the donee should clearly and convincingly show the validity of its execution. Judgment aflirmed. State v. Zabriskie. New Jersey. June Term, 1881. (14 Vroom.) Criminal Procedm-e--Oerliorari to Supreme Court. Op. by REED, J. There must be special ground shown to entitle an indicted defendant to an allowance of a writ of certiorari to bring the record into the supreme court. 1 Salk. 149; 6 Mod. 17; 1 Burr. 752; 6 T. R. 145; 13 East, 411. Van Riper v. North Plainfleld. Ibid. June Term, 1881. (14 Vroom.) Statutes---Oeject in Title--Other Ohjects. Op. by DIXON, J. If...show more

Product details

  • Paperback | 610 pages
  • 189 x 246 x 31mm | 1,075g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236905407
  • 9781236905406