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. 1869 edition. Excerpt: ...held that the doctrine of
dependent relative revocation applied, and that the will of 1855
was entitled to probate. The English court of probate has adopted
the rule that where the proof of the existence of the will is
clear, and ofits destruction without the consent of the testator,
and without any negligence, this evidences an apparent purpose of
those having the custody of it to substitute secondary evidence for
the original, and, where there is no objection on the part of the
next ofkin, to admit a draught of the will to probate without
calling upon the executors to propound it. Goods of Barber, Law
Rep. 1 P. & D. 267. In a recent case in the New York Court of
Appeals, Schultz v. Schultz, 35 N.Y. 653, it was held, that the
facts that the will was placed in the custody of one for
safe-keeping who accepted the charge and locked the will in a
trunk, and had no reason to doubt its being there at the time of
the dccease of the testator, except that upon'searcb it could not
be found, aflbrded sufficient ground to presume its legal existence
at the time of the deccase, and it must therefore be regarded as
the testator's last will. And it is here declared, that, in order
to establish the legal existence and operation of a will not found
after the decease of the testator, it is sufficient to prove the
fact of the loss or destruction, without the knowledge of the
testator, by circumstantial evidence. In the case of Timon v.
Clatfy, 45 Barb. 438, the extent of the chancery powers conferred
on the supreme court in that state, by the revised statutes, in
regard to establishing lost wills, is considerably discussed. It is
limited to two cases: Where the will was in existence at the
dccense of the testator, and where it was fraudulently...
|Country of origin:
Isaac Fletcher Redfield
||246 x 189 x 18mm (L x W x T)
||Paperback - Trade
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!