 But in order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending its execution are consistent with the hypothesis of its having been obtained by undue influence. It must be shown that they are...  Reports of Cases in the Supreme Court of Nebraska - Página 285por Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902Vista completa - Acerca de este libro
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1913 - 794 páginas
...to control, in the absence of affirmative evidence that it was exercised, are not sufficient. " It is not sufficient to show that the circumstances attending...they are inconsistent with a contrary hypothesis." Boyse v. Rossborough, 6 HL Gas. 2. The facts proven by complainant are not sufficient, in our opinion,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1885 - 744 páginas
...not only be consistent with the hypothesis of the will having been obtained by undue influence, but it must be shown that they are inconsistent with a contrary hypothesis. And the facts and circumstances must be such that when all the evidence is considered, the jury can say... | |
 | 1857 - 818 páginas
...executed under undue influence is on the party who alleges it And it is not sufficient far such party to show that the circumstances attending its execution...with the hypothesis of its having been obtained by un/lue influence ; but it must be shown that they are incunsistenl ic/M a contrary hypothesis. Tkere... | |
 | Richard Thomas Walkem - 1873 - 580 páginas
...probable objects of his bounty. (1) " But in order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending...with the hypothesis of its having been obtained by indue influence ; it mn?t be shown that they are inconsistent with a contrary hypothesis. Can it be... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1919 - 688 páginas
...free agent. ' In order to set aside the will of a person of sound mind, ' observes Lord Cranworth, 'it is not sufficient to show that the circumstances attending...are inconsistent with a contrary hypothesis.' And the same holds true where positive fraud or force is the ground of objection. For a testator adjudged... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 902 páginas
...is cerhis lordship thus proceeded : " In order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending...they are inconsistent with a contrary hypothesis. The undue influence must be an influence exercised in a relation to the will itself, not an influence... | |
 | Thomas Jarman - 1880 - 908 páginas
...in the case, after which he says : "But in order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending...they are inconsistent with a contrary hypothesis. * * The undue influence must be an influence exercised in relation to the will itself, not an influence... | |
 | John Hoff Stewart - 1883 - 750 páginas
...chancellor in Boyse v. Rossborouyh, 6 H. of L. 2, 51, " to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending...they are inconsistent with a contrary hypothesis." To the same effect was the charge of Judge Grier in Turner v. Hand (Meeker Will Case), 3 Wall. Jr.... | |
 | Theodore Frelinghuysen Cornell Demarest - 1883 - 698 páginas
...the will of a person of sound mind, it is not sufficient to show that the circumstances attending the execution are consistent with the hypothesis of its...they are inconsistent with a contrary hypothesis." As a preliminary to such consideration, it becomes necessary to determine whether the paper called... | |
 | William Williamson Kerr - 1883 - 640 páginas
...6 HL circumstances attending its execution are consistent with the Cb*p. V. hypothesis that it was obtained by undue influence, it must — be shown...that they are inconsistent with a contrary hypothesis (p). A distinction exists between the influence which is held to be undue in the case of transactions... | |
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