An Examination of the Rules of Law Respecting the Admission of Extrinsic Evidence in Aid of the Interpretation of WillsButterworths; (etc., etc.), 1858 - 202 σελίδες |
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An Examination of the Rules of Law: Respecting the Admission of Extrinsic ... James Wigram Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2017 |
An Examination of the Rules of Law: Respecting the Admission of Extrinsic ... Tbd Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2020 |
Συχνά εμφανιζόμενοι όροι και φράσεις
admissible admitted Adol ambiguity Annuities answer the description appears apply Attorney-General Barrow Gurney Beav bequest Bishop of Lincoln cent City Road codicil Consols construction construed debentures declarations dence described Doe d Doynton Earnley entitled expressed extrinsic circumstances extrinsic evidence Fonnereau freehold G. M. & Gor Gladman Goodinge Gord Hare Hiscocks Huthwaite illegitimate children inadmissible infra instrument interpretation J. L. Knight Bruce lands Langton leasehold legacy legatee legitimate Lord Brougham Lord Chancellor Lord Eldon Lord Lyndhurst manor meaning messuage opinion parish parol evidence pass person or thing personal estate plaintiff popular or secondary primary sense principle Proposition question real estate Rishton Russ secondary sense Sir J. L. Knight Snig Hill statute Statute of Frauds strict and primary supra tator testator testator devised testator intended testator's testator's intention testator's words testatrix thing intended Thomas tion trusts wife William
Δημοφιλή αποσπάσματα
Σελίδα 12 - For the purpose of determining the object of a testator's bounty, or the subject of disposition, or the quantity of interest intended to be given by his will, a court may inquire into every material fact relating to the person who claims to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and aflairs, for the purpose of enabling the court to identify the person or thing intended by the testator,...
Σελίδα 11 - ... sensible with reference to extrinsic circumstances, it is an inflexible rule of construction, that the words of the will shall be interpreted in their strict and primary sense, and in no other, although they may be capable of some popular or secondary interpretation, and although the most conclusive evidence of intention to use them in such popular or secondary sense be tendered.
Σελίδα 14 - A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed.
Σελίδα xvi - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, and where his words so interpreted are sensible...
Σελίδα 19 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Σελίδα 12 - ... by evidence of the material facts of the case, are insufficient to determine the testator's meaning, no evidence will be admissible to prove what the testator intended, and the will (except in certain special cases, see VII.) will be void for uncertainty.
Σελίδα 154 - But as his words refer to facts and circumstances respecting his property and his family, and others whom he names or describes in his will, it is evident that the meaning and application of his words cannot be ascertained, without evidence of all those facts and circumstances.
Σελίδα 2 - ... made in the time of the last sickness of the deceased, and in the house of his or her habitation...
Σελίδα 20 - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...
Σελίδα 2 - An act how lands, tenements, etc., may be disposed by will or otherwise and concerning wards and primer seisins; and also so much of an act passed in the twenty-ninth year of the reign of King Charles the Second, intituled An act for prevention of frauds and perjuries...