Commentaries on Colonial and Foreign Laws: Generally, and in Their Conflict with Each Other, and with the Law of England, Volumen4Saunders and Benning, 1838 |
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Página 3
... survived another , it may be also matter of doubt from the circumstances under which both parties died , which of them survived the other . In these cases there are certain presumptions adopted by the law for the purpose of solving ...
... survived another , it may be also matter of doubt from the circumstances under which both parties died , which of them survived the other . In these cases there are certain presumptions adopted by the law for the purpose of solving ...
Página 5
... survived the other . In both these cases , if there be no actual proof of the death , or of the person who died first , the law adopts certain presumptions , by means of which it ad- judicates as if the absent person were proved to be ...
... survived the other . In both these cases , if there be no actual proof of the death , or of the person who died first , the law adopts certain presumptions , by means of which it ad- judicates as if the absent person were proved to be ...
Página 6
... survived the other . There are two subjects of inquiry : 1st , What is the duration of the absence which affords the presumption of death ; and , 2ndly , The presumptions made by the law that one of two persons survived the other ...
... survived the other . There are two subjects of inquiry : 1st , What is the duration of the absence which affords the presumption of death ; and , 2ndly , The presumptions made by the law that one of two persons survived the other ...
Página 12
... survived , be- come the owner of such property at the time of his death , the law may either reject it , or admit the heirs of both persons to share equally in the property of either . ( a ) The civil law had recourse to the presumption ...
... survived , be- come the owner of such property at the time of his death , the law may either reject it , or admit the heirs of both persons to share equally in the property of either . ( a ) The civil law had recourse to the presumption ...
Página 13
... survived the father . " Si Lucius Titius cum filio pubere , quem solum testamento scriptum hæredem habebat , perierit ; intelli- gitur supervixisse filius patri , et ex testamento hæres fuisse , et filii hæreditas successoribus ejus ...
... survived the father . " Si Lucius Titius cum filio pubere , quem solum testamento scriptum hæredem habebat , perierit ; intelli- gitur supervixisse filius patri , et ex testamento hæres fuisse , et filii hæreditas successoribus ejus ...
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Términos y frases comunes
admitted ancestor Arrêt ascendants attested bequeathed bequest brothers and sisters Carpz child civil law Code Civil codicil collate collateral Court coutumes of Paris creditors death debts deceased Decis declared descendants devise Dict Disp dispose disposition Diss domicile donation effect entitled executed executor father favour hæres Hagg half blood heir heritable Holl Holland husband immoveable inheritance Inst instituted intention inter vivos intestacy intestate intestato jure jurists lands law of England law of France legacy legatee legitime Lord marriage moiety mother moveable Normandy notary olographe parent personal estate Phill Pothier presumption quæ quod renounced revocation revoked rule Scotland sect seised share South Holland statute statute of distributions Statute of Frauds Stryk succeed succession survived testament testamentary testamentum testateur testator testator's tion Toullier usufruct valid Vinnius Voet whole blood wife witnesses
Pasajes populares
Página 520 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 543 - ... shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Página 494 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Página 438 - 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.
Página 495 - ... required for the execution of the will; but the will, with such alteration as part thereof, shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witnesses be made in the margin or on some part of the will...
Página 205 - And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...
Página 593 - L'acceptation peut être expresse ou tacite : elle est expresse, quand on prend le titre ou la qualité d'héritier dans un acte authentique ou privé ; elle est tacite, quand l'héritier fait un acte qui suppose nécessairement son intention d'accepter, et qu'il n'aurait droit de faire qu'en sa qualité d'héritier.
Página 510 - That every Will made by a man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of...
Página 480 - In order to be valid it must be entirely written, dated, and signed by the hand of the testator. It is subject to no other form, and may be made anywhere, even out of the State.
Página 343 - Further, there must be proof that the act was obtained by this coercion, by importunity which could not be resisted ; that it was done merely for the sake of peace, so that the motive was tantamount to force and fear.