A Verbatim Report of the Cause Doe Dem. Tatham V. Wright: Tried at the Lancaster Lammas Assizes, 1834, Before Mr. Baron Gurney and a Special Jury, Volume 1

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Page 34 - Dear Sir. — I should ill discharge the obligation I feel myself under, if, in relinquishing Hornby, I did not offer you my most grateful acknowledgments for the abundant favours of your Hospitality and Beneficence. Gratitude is all that I am able to give you, and I am happily confident that it is all that you expect ; I have only therefore to assure you, that no Circumstances in this World will ever obliterate from my Heart and Soul the remembrance of your benevolent Politeness. May the good Almighty...
Page 338 - Rous for life, and after his decease to the use of his first and other sons in tail male, with divers remainders over.
Page 19 - I expect from that place, tho' you'l please to direct to me heare as usual. God bless you my dear cousin and may you still be blessd. with health, which is one of the greatest blessings we require hear is the sinseare wish of dr. Cosn. your affect, kinsman and very humble servt., CHA.
Page 303 - It is a great but not uncommon error to suppose that, because a person can understand a question put to him, and can give a rational answer to such question, he is of perfect sound mind, and is capable of making a will for any purpose whatever; whereas the rule of law, and it is the rule of common sense, is far otherwise : the competency of the mind must be judged of by the nature of the act to be done, from a consideration of all the circumstances of the case.
Page 304 - Winchester's case (y), that it is not sufficient that the testator be of memory when he makes his Will, to answer familiar and usual questions, but he ought to have a disposing memory so as to be able to make a disposition of his property with understanding and reason ; and that is such a memory which the law calls sane and perfect memory (2).
Page 338 - Philip the son for life, remainder to trustees to preserve contingent remainders, remainder to his first and other sons in tail male, remainder to...
Page 19 - I am call'd upon by my buseness it being the first consideration must by no means be neglected. As for my brother his goodness is such that I know he will excuse me till I am more disengaged was I to write to him in my present embarased situation I perhaps might only do justice to my own feelings & he might construe it deceit so different an oppinion have I of him to mankind in genl.
Page 19 - ... neglected. As for my Brother, his goodness is such that I know he will excuse me till I am more disengaged : was I to write to him in my present embarased situation I perhaps might only do justice to my own feelings...
Page 304 - If a Man make his Will in his Sickness, by the over-importuning of his Wife, to the end he may be quiet, this shall be said to be a Will made by constraint, and shall not be a good Will.
Page 303 - It was agreed by the judges, that " sane memory for the making of a will is not " at all times when the party can answer to any " thing with sense, but he ought to have judg" ment to discern and to be of perfect memory,

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