Now, there is but one case in which it appears to us that this sort of evidence of intention can properly be admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is, on the face of it,... A Treatise on the Law of Evidence - Page 329by Simon Greenleaf - 1866 - 675 pagesFull view - About this book
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1840 - 752 pages
...is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the dense is on the face of it perfect and intelligible, but,...express. Thus, if a testator devise his manor of S. to AB, and has two manors of North S. and South S., it being clear he means to devise one only, whereas... | |
| Law - 1842 - 508 pages
...properly be admitted, and that is where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it...express. " Thus if a testator devise his manor of S. to AB, and has two manors of North S. and South S., it being clear he means to devise one only, whereas... | |
| Law - 1842 - 546 pages
...properly be admitted, and that is where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it...express. " Thus if a testator devise his manor of S. to AB, and has two manors of North S. and South S., it being clear he means to devise one only, whereas... | |
| Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...instrument may also, on the face of it, be perfectly intelligible, and free from all doubt and obscurity, but from some of the circumstances admitted in proof, an ambiguity arises, as to which of two or more things, or which of two or more persons, each answering the words of the writing, the parties... | |
| Georgia. Supreme Court - Equity - 1848 - 712 pages
...exception, and that is, where tho meaning of the testator's words is neither obscure nor ambiguous, and where the devise is on the face of it perfect and intelligible, but from some circumstance admitted in proof, an ambiguity arises as to which of two or more thing,s, or which of... | |
| John Pitt Taylor - Evidence (Law) - 1848 - 756 pages
...properly be admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it perfect and intelligible, but, (e) 1 Dru. & War. 368. (f) Shore n. Wilson, 9 Cl. & Fin. 569. See 7 & 8 Viet., c. 45, § 2, cited ante,... | |
| Great Britain. Court of Chancery, Sir Edward Ebenezer Kay - Equity - 1854 - 852 pages
...intention can properly be admitted where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it...express. Thus, if a testator devise his manor of S. to A. /?., and has two manors of North 8. and South S., it being clear he means to devise one only, whereas... | |
| Owen Davies Tudor - Conveyancing - 1856 - 942 pages
...properly be admitted, and that is where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it...express. Thus, if a testator devise his manor of S. to AB(i), and has two manors of North S. and South S., it being clear he means to devise (4) See Dougliu... | |
| John Louis Taylor Sneed, Tennessee. Supreme Court - Law reports, digests, etc - 1857 - 812 pages
...admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and when the devise is on the face of it perfect and intelligible,...words in the will) the testator intended to express. See also, 1 Greenleaf's Ev., § 289, et seq. And this brings us to the real, and only point of difficulty... | |
| Sir James Wigram, William Knox Wigram - Evidence - 1858 - 246 pages
...properly be admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it...express. Thus, if a testator devise his manor of S. to AB, and has two manors of North S. and South S., it being clear he means to devise one only, whereas... | |
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