Reports of Cases Argued and Determined in the Surrogates' Courts of the State of New York; With Annotations
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. 1905 edition. Excerpt: ...in lawful wedlock" clause was in the original act, but the "mutually acknowledged" part was not enacted until two years later. Possibly this is not material in considering the strength of the argument. If we actually comprehend the reasoning of the learned justice, it is strong to prove that the term "child or children" spoken of in the previous part of the section included the illegitimate as well as the legitimate child. The argument is that the word "child," etc., is not limited by the words "born in wedlock," which words prevent the exemption extending to the illigitimate descendants of the child. The reasoning has no weight in support of the construction claimed. It has not yet been decided, so far as we are aware, that it is not the correct interpretation of the statute that the word "child" includes the illegitimate child. But, in that view, what was the necessity or reason of this long " mutually acknowledged" clause, if its purpose be only to exempt the illegitimate child? We doubt if courts can assume that in all cases legislators study a lexicographer as to the.language employed in framing laws; still, it is legitimate argument. The word "acknowledged " is not always used in the sense of admitting some secret truth or fact. The lexicographer cited by Judge Van Brunt gives the following as the definition of the word: "(1) To own or admit the knowledge of; to recognize as a fact or truth; to declare one's belief in; as, to acknowledge the being of God. 'I acknowledge my transgressions.' Ps. li. 3. 'For ends generally acknowledged to be good.' Waverly. (2) To own or recognize in a particular character or relation; to admit the claim or authority of; to give...
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- 189 x 246 x 11mm | 390g
- 04 Jul 2012
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- Illustrations, black and white