Questions and Answers on Law Volume 7; Alphabetically Arranged, with References to the Most Approved Authorities - Softcover

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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.1851 Excerpt: ... WILL. The provisions in a will that the estate shall remain undivided until the youngest of the devisees becomes of the age of twenty-one years, is not such a limitation as will inhibit any one of the devisees from conveving his interest in the premises.--Walton v. Torrey, 1 Harrington's Ck. R., p. 259. (1845.) A will of personal property will be established, though not written or signed by the testator, or attested by witnesses, if made according to the directions of the deceased, and approved, and not signed from physical debility, or the near approach of death.--Covch v. Couch, 7 Alabama R., p. 519. (1842.) (Cooptr cited 1 S. S( P., 30; 4 Alabama, 255; 25 Late Library, 52; 19 Vesey, 508. Nooe, contra, cited Brown v. Moore, 6 Yerger, 272. Okmond, J., cited 2 Blackstone's Com., 501; 1 Roberts on Wills, 148; Lovelass on Wills, 316, and cases cited; Cartwright v. Cartwright, 1 Phillimore, 90.) WITNESS. What a witness has heard post litam motam, (by which is meant since the dispute has arisen, and not merely the commencement of the suit.) is not evidence.--Stockton, et al., v. Williams et als., 1 Walker's Ck. R., p. 120. (1845.) (the Chancellor cited The Berkley Peerage case, 4 Campbell, 401; Richards v Bassett, 10 Barnwell &f Cresswell, 657; Doe dem. Tilman v. Tar ver, Ryan if Moody, 141; Monkton v. The Attorney General, 2 Russell & Mylne, J 60.) WRIT. A mistake in the date of the note sued on, made in the endorsement on the writ, does not vitiate the writ. A writ without the seal of the court, or a statement of the fact, it there be no seal, is bad, and the objection may be taken by a plea in abatement.--Pharis v. Conner, 3 Smedes Sr Marshall's R.,p.87. (1845.) WRIT OF ERROR. A writ of error will not lie, upon a judgment, in favor of a defunct corporation.-...

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