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" In the Court of Probate the whole question is one of intention : — the animus testandi and the animus revocandi are completely open to investigation in this Court. "
Notes of Cases in the Ecclesiastical & Maritime Courts: Easter Term 1841 to ... - Σελίδα 261
των Great Britain. Courts - 1843
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Reports of Cases Argued and Determined in the ..., Σελίδα 55,Τόμος 2

Joseph Phillimore - 1822 - 620 σελίδες
...to the factum of a will which would apply if the inquiry were concerning the construction of it. % In the Court of Probate the whole question is one...clause is omitted, it may be inserted by the Court. It is admitted that if there is doubt on the face of the instrument, the Court may admit parol evidence....

Reports of Cases Argued and Determined in the English ..., Τόμος 1

Great Britain. Courts, Joseph Phillimore, Jesse Addams, John Haggard, James Fergusson, William Calverley Curteis - 1831 - 532 σελίδες
...relating to the factum of a will which would apply if the inquiry were concerning the construction of it. In the Court of Probate the whole question is one...case of error, the residuary clause is omitted, it maybe inserted by the Court. It is admitted that if there is doubt on the face of the instrument, the...

Reports of Cases Argued and Determined in the Ecclesiastical Courts at ...

William Calverley Curteis - 1840 - 964 σελίδες
...not definite, although we may be not quite so strict in the mode of applying it. He went on to say, " In the Court of Probate, the whole question is one of intention." So I apprehend it is in a Court of Construction. " The animus testandi and the animus revocandi are...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1877 - 896 σελίδες
...revocation or partial revocation." On this question Sir J. Nicholl says in Methuen-r. Methuen (13), "In the Court of Probate the whole question is one of intention. The animus testandi and the aiiimns revocandi are completely open to investigation in this Court." In the present case I am of...

Reports of Cases Decided by the English Courts: With Notes and ..., Τόμος 20

Nathaniel Cleveland Moak - 1879 - 924 σελίδες
...revocation or partial revocation. And on this question Sir J. Nicoll says, in Methuen v. Metkuen ('), "In the Court of Probate the whole question is one of intention ; the animus teslandi and the animus renocandi are completely open to investigation in this court." In the present...

The Law Journal Reports: For the Year ..., Τόμος 49

1880 - 762 σελίδες
...to the factum of the will which would apply if the enquiry were concerning the construction of it. In the Court of Probate the whole question is one...are completely open to investigation in this Court. It is admitted that if there is doubt on the face of the instrument the Court may admit parol evidence."...

Reports of Cases Decided by the English Courts: With Notes and ..., Τόμος 32

Nathaniel Cleveland Moak - 1883 - 1016 σελίδες
...to the factum of the will which would apply if the inquiry were concerning the construction of it. In the Court of Probate the whole question is one of intention. The animus testandi and the animus recocandl are completely open to investigation in this court. It is admitted that if there is doubt...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Τόμος 72

Georgia. Supreme Court - 1885 - 998 σελίδες
...the facts proved must completely remove the ambiguity. Burge et at. vt. Hamilton - ' al., executors. intention ; the animus testandi and the animus revocandi...completely open to investigation in this court. Suppose that in a case of fraud, or in a case of error, the residuary clause is omitted, it may be inserted...

The Jurisprudence of the Privy Council: Containing a Digest of All the ...

Jean Joseph Beauchamp, Great Britain. Privy Council - 1891 - 946 σελίδες
...partial revocation. On this question, Sir John Nicholl says in Methum v. Methuen (2 Phill. 426), •' In the court of Probate the whole question is one...— the animus testandi and the animus revocandi are completelyopen to investigation in this Court." In deciding this question, reference is always had...

Select Cases and Other Authorities on the Law of Property, Τόμος 4

John Chipman Gray - 1906 - 756 σελίδες
...partial revocation." And on this question Sir~J. Nicoll says, in MctTium v. MeOiuen, 2 Phillim. 426, ' In the Court of Probate the whole question is one of intention ; the animus testandi and the animus raxxxmdi are completely open to investigation in this court. ' In the present case I am of opinion...




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