Reports of Cases Argued and Determined in the Ecclesiastical Courts at Doctors' Commons: Michaelmas term, 1825-Trinity term, 1826W. M'Dowall, 1823 - Ecclesiastical law |
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actually admitted adverted affidavit allegation annexed appears appellant bequeathed BRAHAM BRETT BURCHELL cause ceased Charles King child circumstances CLARK and CLARK codicil conduct contrary Court daugh daughter death deceased decree delusion deponent deposed Desormeaux died disposed doubt Easter Term effect Elizabeth Storace entitled evidence executed executor exhibits facts father Goff grant Hilary Term husband Hutchinson instance intestacy intestate issue John Braham judgment legacy marriage Mary Mary Stott Michaelmas Term Miss Stott month mother nephews ness never occasion OULDRIDGE paper partial insanity particular party personal estate plea pleaded prayed present principal probate Proctor pronounce proof propounded proved question resident residuary legatees respect Richard Bayldon says the witness script Session shew Sir Thomas Hyde sole statute Statute of Frauds subscribing witness subsequent suggested suit sureties testator thereof tion Tolcher Trinity Term trustees unsound mind whole wife William Linton
Popular passages
Page 219 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 220 - Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will, or the Wife or Husband of such Person, or any Person claiming under such Person or Wife or Husband, be utterly null and void...
Page 89 - PRINCESS whom he had corresponded with in cherry-juice, he showed in a moment what he was. He answered that there was nothing at all in that, because having been (as every body knew) imprisoned in a high tower, and being debarred the use of ink, he had no other means of correspondence but by writing his letters in cherry-juice, and throwing them into a river which surrounded the tower, where the Princess received them in a boat.
Page 92 - In fine, the defect in naturals seems to proceed from want of quickness, activity, and motion in the intellectual faculties, whereby they are deprived of reason; whereas madmen, on the other side, seem to suffer by the other extreme: for they do not appear to me to have lost the faculty of reasoning; but having joined together some ideas very wrongly, they mistake them for truths, and they err as men do that argue right from wrong principles. For by the violence of their imaginations, having taken...
Page 90 - And such," said Lord Mansfield, "is the extraordinary subtlety and cunning of madmen that, when he was cross-examined on the trial in London, as he had successfully been before, in order to expose his madness, all the ingenuity of the bar, and all the authority of the Court, could not make him say a...
Page 216 - The key to the opening of every law is the reason and spirit of the law, it is the animus imponentis, the intention of the law maker expressed in the law itself, taken as a whole", (see BraU v Bralt (1) (1826) 3 Addams 210 at p.
Page 230 - I do direct that the receipt and receipts of my said trustees, and the survivor of them, and the heirs and assigns of such survivor...
Page 220 - ... payment of any debt or debts, shall be thereby given or made, such devise, legacy, estate, interest, gift or appointment, shall, so far only as concerns such person attesting the execution of such will or codicil, or any person claiming under him, be utterly null and void; and such person shall be admitted as a witness to the execution of such will or codicil...
Page 91 - ... has still no existence whatever but in his own heated imagination, and wherever, at the same time, having once so conceived, he is incapable of being, or at least of being permanently, reasoned out of that conception, such a patient is said to be under a delusion in a peculiar, half-technical sense of the term, and the absence or presence of delusion, so understood, forms, in my judgment, the true and only test or criterion of present or absent insanity.
Page 92 - For they do not appear to me to have lost the faculty of reasoning, but having joined together some ideas very wrongly, they mistake them for truths; and they err as men do that argue right from wrong principles. For, by the violence of their imaginations, having taken their fancies for realities, they make right deductions from them.