 | 1839 - 860 σελίδες
...issue must be found against him. In all cases, tliis omw is imposed on the party propounding a will; it is in general discharged by proof of capacity, and the fact of execution, from which the knowledge of and assent to the contents of the instrument are presumed, and it cannot be, that the... | |
 | William Calverley Curteis - 1840 - 1022 σελίδες
...issue must be found against him. In all cases this onus is imposed on the party propounding a will ; it is in general discharged by proof of capacity and the fact of execution ; from which the knowledge of and assent to the contents of the instrument ti are «sumed, and it cannot be that the... | |
 | Great Britain. Privy Council. Judicial Committee - 1840 - 540 σελίδες
...Mr. Baron Parke, Mr. Justice pounding it, Bosanquet, and the Chief Judge of the Court of Bankruptcy, is in general discharged by proof of capacity, and the fact of execution ; from which the knowledge of and assent to its contents by the Testator will be assumed. The fact of a party preparing... | |
 | Great Britain, Great Britain. Courts - 1841 - 542 σελίδες
...issue must be found against him. 'In all cases this onus is imposed on the party propounding a will'; it is in general discharged by proof of capacity and the fact of execution; from which the knowledge of and assent to the contents of the instrument are assumed, and it cannot be that the simple... | |
 | 1843 - 532 σελίδες
...issue must be found against him. In all cases this onus is imposed on the party propounding a will ; it is, in general, discharged by proof of capacity and the fact of execution; from which the knowledge of and assent to the contents of the instrument are assumed ; and it cannot be that the simple... | |
 | 1850 - 736 σελίδες
...issue must be found against him. In all cases this onus is imposed on the party propounding a will ; it is in general discharged by proof of capacity and the fact of execution, from which the knowledge of and assent to the contents of the instrument are assumed ; and it cannot be that the simple... | |
 | 1855 - 804 σελίδες
...issue must be found against him. In all cases, this onus is imposed on the party propounding a will ; it is in general discharged by proof of capacity and the fact of execution ; from which the knowledge of and assent to the contents of the instrument are assumed, and it cannot be that the simple... | |
 | Edward Vaughan Williams - 1856 - 966 σελίδες
...issue must be found against him. In all cases, this onus is imposed on the party propounding a Will ; it is in general discharged by proof of capacity, and the fact of execution, from which the knowledge of and assent to the contents of the instrument are presumed : and it cannot be, that the... | |
 | Richard Thomas Walkem - 1873 - 580 σελίδες
...issue must be found against him. In all cases this onus is imposed on the party propounding a will ; it is, in general, discharged by proof of capacity, and the fact of execution, from which the knowledge of and assent to the contents of the instrument are presumed ; and it cannot be that the... | |
 | Georgia. Supreme Court - 1875 - 776 σελίδες
...the issue must be found against him. In all cases this onus is cast upon a party propounding a will. It is in general discharged by proof of capacity and the fact of execution." In Harris vs. Ingledow, 3 P. Wms., it is said, " The proof of a will is attended with more solemnity... | |
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The strict meaning of the term ' onus probandi ' is this, that if no evidence is given by the party on whom the burden is cast, the issue must be found against him. In all cases this onus is imposed on the party propounding a will; it is in general discharged... 
