Washington Reports Volume 58

Washington Reports Volume 58

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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. 1910 edition. Excerpt: ... (Lamar) said that this man Senator Tilden made a will, and they broke it, and it is of no use for a Missourian like me to make a will. As far as the property was concerned he said that, if he died first, he wanted Joe to have it, and that Joe could settle with them Missourians." John Hofiman, another witness for appellants, testified to talking with James C. Lamar about making a will, in which conversation Lamar said: "That is no way to do; that is not the way I am going to do; I am going to give a May 1910 Dissenting Opinion Per Momus, J. deed to the man that I want to give it to my brother or my brother will give it to me. That is the way to do; it is more substantial, for the lawyers get so smart; if you make a will, they always find a loophole in it, and they will throw it out of courts, and your will will not go through." This evidence was offered by appellants to show it was the intention of James C. Lamar to give his property to his brother Joe; but it was also evidence to show, and under the instructions of the court the jury were justified in believing it showed, an intention on the part of James C. Lamar not to part with the possession and title to his property until his death, and then have his deed take the place of a will. In other words, it was his intention, at the time he signed the deed, to make a disposition of his property of a testamentary character, which would take effect, not in his lifetime, but at his death. Such being the case, there was no delivery, and the deed could not operate as a will unless it was executed with all the statutory formalities pertaining to wills. Cli/ne v. Jones, 111 Ill. 563; Bovee 'v. Hinds, 135 I11. 137, 25 N. E. 694-; Walter 11. Way, 170 Ill. 96, 48 N. E. 421; Allen...show more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236931521
  • 9781236931528