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Ruling Case Law

Ruling Case Law


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: will have been burned.10 But such evidence should be clem1 and convincing.11 The cases are not harmonious upon the questions whether part of a lost will can be admitted to probate, or whether there must be complete proof of all its contents. In some states there are statutes permitting and regulating the proof of lost wills which require the whole will to be established before it can be admitted to probate; of course, in those .states, proof of a portion only would be insufficient.18 The majority of the cases, however, are to the effect that that portion of a lost will which can be established may be admitted to probate though there are other portions that cannot be established.18 Where the only part of a lost will that can, be proven is a clause revoking a former will, such clause may be given effect for the purpose of showing a revocation.14 387. Declarations of Testator as Evidence. ? It has been held by some courts that declarations of a testator to the effect that he was well satisfied with his will are not admissible, in conjunction with the testimony of witnesses who had, seen it, to overcome the presumption of revocation which follows from the fact that the will was last seen in his possession when he was mentally sound,15 but the weight of authority is to the effect that the declarations of the testator may.be shown, for the purpose of overcoming the presumption that a will has been destroyed animo revocandi, which arises from failure to find such a will after the testator's death.16 His declarations may also be received as evidence to strengthen and fortify the presumption that he has destroyed his will with such intention.17 The declarations of a testator as to his making a will cannot be received as primary evidence of due 10. Note: 38 L.R.A. 456. 463, 94 N. W....


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Product Details
  • ISBN-13: 9780217320207
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 229 mm
  • No of Pages: 138
  • Spine Width: 8 mm
  • Width: 152 mm
  • ISBN-10: 0217320201
  • Publisher Date: 01 Aug 2009
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 213 gr


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