A Selection of Leading Cases on Various Branches of the Law; With Notes Volume 2, PT. 1

A Selection of Leading Cases on Various Branches of the Law; With Notes Volume 2, PT. 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. 1885 edition. Excerpt: ... show the agency, and charge the principal on the contract; see the notes to Thompson v. Davenport, post; and in the Prerogative Court it has been held that another person by direction of a testator signing his own name instead of the testator's at the foot of a will, was a suflicient compliance with the 9th section, 1 Vict. c. 26, which requires that the will "shall be signed at the foot or end thereof by the testator, or by some other person in his presence, and by his direction." "The act,"_ said Sir H. Jenner, "allows the will to be signed by another person for the testator; here this gentleman by the testator's request, signed the will for him, not in the testator's name. but using his own name. The act does not say that the testator's name must be used: I think this is suficient under the act: " In the goods of Clarke. Prerog. 20th February, 1839, cited 1 Williams on Executors, 3d edition, p. 62; quaere. In a modern case in the Probate Court (Trott v. Trott, 29 L. J. Prob. 969 Cases 146), the holograph will of Joseph Skidmore began with the " words, "I, Joseph Skidmore," and ended as follows, "all of which to he paid... and a receipt, to be provided by the receiver, from all further claim upon the estate of their departed brother Joseph Skidmore." The words "Joseph Skidmore " were written on the same line with thepreceding words, without any interval between them and the word "brother." The will was not otherwise signed, and underneath the last words appeared the names of two witnesses. The court granted probate of the will, holding that, from the mode in which the document was framed, the testator must have intended the words...show more

Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • Rarebooksclub.com
  • United States
  • English
  • Illustrations, black and white
  • 1236741021
  • 9781236741028