 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
 | New South Wales. Supreme Court - Law reports, digests, etc - 1898 - 820 pages
...admitted, and that is when 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,...the two or more things, or which of the two or more purposes (each answering the words m the will), the testator intended to express." Upon this case,... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1900 - 1204 pages
...to supply some deficiency or remove some obscurity or ambiguity. Where, for instance, the devise was on the face of it perfect and intelligible, but from...of the circumstances admitted in proof an ambiguity arose as to which of the two or more persons or things the testator intended to express. The cases... | |
 | Harry Clay Underhill - Wills - 1900 - 832 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 intell1gible, but from some of the circumstances admitted in proof an ambigmty arises as to which of... | |
 | Thomas Welburn Hughes - Evidence (Law) - 1905 - 740 pages
...properly be admitted, and that is, where the meaning of the testators words is neither ambiguous nor obscure, and where the devise is on the face of it...words in the will), the testator intended to express. . . . But these cases (referring to several citations given) seem to us at variance with the decision... | |
 | Syed Ameer Ali, Sir John George Woodroffe - Evidence (Law) - 1898 - 1646 pages
...3' <""'• Vtiah Ckmulm MooterJM v. S. SaptM-ta, .'• » In Doe v. aiiatckt, 5 M. 4 W. at pp. 80S intelligible, but, from some of the circumstances...express. Thus, if a testator devise his manor of S to AB, and has two manors of .ArortA £ and Xouth S, it being clear lie means to devise one only, whereas... | |
 | Edward Beal - Law - 1908 - 766 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 reports, digests, etc - 1922 - 1260 pages
...properly be admitted, and that in, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it...words in the will), the testator intended to express." The residuary legatee contends that this is a patent and not a latent ambiguity, but I am unable to... | |
 | Seymour Dwight Thompson - Cross examinations - 1912 - 1106 pages
...as in wills, 'where the words are neither ambiguous nor obscure, and the devise on the facr of it is perfect and intelligible, 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 in the will) the testator... | |
 | Walter Thomas Dunmore - Wills - 1916 - 346 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... | |
 | Walter Thomas Dunmore - Wills - 1916 - 348 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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