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Law of Real Property (Volume 8); Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized

Law of Real Property (Volume 8); Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902. Excerpt: ... Eng. Enc. Law 254; 1 Pom. Eq. Jur., 514, 515. Our own cases as well as the other cited authorities, require that proof to sustain an implied election shall be clear and satisfactory. The acts and declarations relied upon must be unequivocal, and must clearly evince an intention to elect and take under the will, and the choice must be made by the widow with the full knowledge of her rights and of the status of the estate. If, after she has ascertained her rights, and what she would acquire under the law, as well as by the will, she deliberately proceeds as though an election had been made, accepts the benefits of the will, and actually takes under it, she will be concluded, and will not be heard to say that no election has been made. In the present case the widow filed a written petition in the probate court, asking that the will be admitted to probate, and that such other proceedings might be had thereon as would establish and make valid the will in law. It is claimed that at the same time and accompanying this act statements were made by her of a positive and unmistakable character, showing an intention to elect and the fact of an election. This testimony strongly tended to show an election by the widow, and its exclusion was error. Proof that she occupied and used the entire farm, and received the rents and profits therefrom, was material to the case, and should have been received. We cannot determine at this time how much proof will be required to show an election, nor that the testimony offered and excluded would have been sufficient for that purpose. Parties claiming an election are entitled to produce such competent proof as they may have to sustain an election, and the court or jury trying the case can then determine, under the rules o...


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Product Details
  • ISBN-13: 9781154269321
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Edition: Annotated edition
  • Language: English
  • Returnable: N
  • Weight: 590 gr
  • ISBN-10: 1154269329
  • Publisher Date: 04 Feb 2012
  • Binding: Paperback
  • Height: 246 mm
  • No of Pages: 330
  • Spine Width: 18 mm
  • Width: 189 mm


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Law of Real Property (Volume 8); Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized
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