An Examination of the Rules of Law Respecting the Admission of Extrinsic Evidence in Aid of the Interpretation of Wills |
Common terms and phrases
11th codicil admission of extrinsic Adol ambiguity appear applied averment Barrow Gurney Beaumont Beechey Bing Bishop of Lincoln Clare Colpoys construction construed declarations dence described Doe d Douce Earnley evidence of intention evidence to prove exposition express extrinsic circumstances extrinsic evidence Fonnereau Francis Douce Gladman Goblet Goodinge Huthwaite inadmissible inapplicable infra Joseph Nollekens judgment lands language legacy Limerick Lord Chancellor Lord Cowper Lord Eldon manor Mary Holt meaning Mildmay Miller models Molineux Muckleston opinion parol evidence PATENT AMBIGUITIES person or thing personal estate plaintiff Poyntz primary sense principle Proposition prove intention question real estate reference to extrinsic Russell Selwood shew Snig Hill Statute of Frauds strict and primary subject intended sufficient Supra tator testator devised testator intended testator meant testator's intention testator's words testatrix thing intended Thomas tion tools for carving Travers Vern Westlake word mod writing
Popular passages
Page ix - 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...
Page x - ... 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 affairs; for the purpose of enabling the Court to identify the person or thing intended by the testator, or to determine the quantity of interest he has given by his will.
Page 34 - ... deciphering writing, or who understand the language in which the will is written, is admissible to declare what the characters are, or to inform the court of the proper meaning of the words.
Page 138 - Every claimant under a will has a right to require that a Court of construction, in the execution of its office, shall — by means of extrinsic evidence — place itself in the situation of the testator, the meaning of whose language it is called upon to declare.
Page 52 - Leach), who ordered that a case should be made for the opinion of the judges of the Court of King's Bench upon the following question — Whether the plaintiffs in the case, or any.
Page 2 - ... were present at the making thereof, nor unless it be proved that the testator, at the time of pronouncing the same, did bid the persons present, or some of them, to bear witness that such was his will...
Page 1 - 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 11 - Notwithstanding the rule of law which makes a will void for uncertainty, where the words, aided by evidence of the material facts of the case, are insufficient to determine the testator's meaning, courts of law, in certain special cases, admit extrinsic evidence of intention to make certain the person or thing intended, where the description in the will is insufficient for the purpose.
Page 25 - But if I have some land wherein all these demonstrations are true, and some wherein part of them are true and part false, then shall they be intended words of true limitation to pass only those lands wherein all those circumstances are true.
Page 10 - IV. Where the characters in which a will is written are difficult to be deciphered, or the language of the will is not understood by the court, the evidence of persons skilled in deciphering...