A Treatise On the Law of Wills
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Ramsey, 1 2 Gratt. 664 ; Adams z*. Field, 21 Vt. 256; Armstrong V. Armstrong, 29 Ala. 538.
The objectionable character of the old English doctrine of a testator's sig- nature, in construction of the Statute of Frauds, is well pointed out in a late Virginia case (1890). The Virginia courts followed reluctantly the old Eng- lish rule, which made a testator's name written by him in the body of the paper serve as a final execution ; thus depriv- ing the instrument of all proof upon its face that th...e testamentary intent was final. At length in 1850 was enacted in this State a statute, based upon the English act of i Vict. C. 26, which re- quired that the signature should be "in such manner as to make it manifest that the name is intended to be as a signature. " Under this latter enact- ment, where a paper wholly in the tes- tator's handwriting began " I, A. B. , declare this to be my last will and testa- ment, " but nowhere else contained the testator's signature, it was held that there was no valid will, notwithstanding the document was enclosed in a sealed envelope on which was written in the testator's handwriting, " My will, A.
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You can find similar books in the "Read Also" column, or choose other free books by James Schouler to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Ramsey, 1 2 Gratt. 664 ; Adams z*. Field, 21 Vt. 256; Armstrong V. Armstrong, 29 Ala. 538.
The objectionable character of the old English doctrine of a testator's sig- nature, in construction of the Statute of Frauds, is well pointed out in a late Virginia case (1890). The Virginia courts followed reluctantly the old Eng- lish rule, which made a testator's name written by him in the body of the paper serve as a final execution ; thus depriv- ing the instrument of all proof upon its face that th...e testamentary intent was final. At length in 1850 was enacted in this State a statute, based upon the English act of i Vict. C. 26, which re- quired that the signature should be "in such manner as to make it manifest that the name is intended to be as a signature. " Under this latter enact- ment, where a paper wholly in the tes- tator's handwriting began " I, A. B. , declare this to be my last will and testa- ment, " but nowhere else contained the testator's signature, it was held that there was no valid will, notwithstanding the document was enclosed in a sealed envelope on which was written in the testator's handwriting, " My will, A.
What to read after A Treatise On the Law of Wills?
You can find similar books in the "Read Also" column, or choose other free books by James Schouler to read onlineMoreLess
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