Illustrative Cases On the Law of Wills
Illustrative Cases On the Law of Wills
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68, following Fulton v. Andrew, Law Rep. 7 H. L. 448, and the earlier authority of In the Goods of Duane, 2 S. & T. 590, mistake is to be regarded as a question of fact depending on the circumstances of each case, and there is now no difficulty, in circumstances such as those of the above cases, in striking out a clause, or a single word, if shewn to have been inserted by mistake. Indeed, in the present case no such difficulty occurs as arose in Fulton v. Andrew, Law Rep. 7 H.
L. 448, in refere...nce to the decisions in Atter v. Atkinson, Law Rep.
1 P. & D. 665, Guardhouse v. Blackburn, Law Rep. 1 P. & D. 109, and Harter v. Harter, Law Rep. 3 P. & D. 11, from a presumption of • knowledge and approval arising from the reading of, or hearing read, a will by a competent testator, because here the evidence is that the testator, relying on the epitome, never read or heard the will read.
My difficulty at the argument was that, in the above cases, to strike out the word or words inserted in error left the will what the testator intended it to be.
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You can find similar books in the "Read Also" column, or choose other free books by Walter Thomas Dunmore to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
68, following Fulton v. Andrew, Law Rep. 7 H. L. 448, and the earlier authority of In the Goods of Duane, 2 S. & T. 590, mistake is to be regarded as a question of fact depending on the circumstances of each case, and there is now no difficulty, in circumstances such as those of the above cases, in striking out a clause, or a single word, if shewn to have been inserted by mistake. Indeed, in the present case no such difficulty occurs as arose in Fulton v. Andrew, Law Rep. 7 H.
L. 448, in refere...nce to the decisions in Atter v. Atkinson, Law Rep.
1 P. & D. 665, Guardhouse v. Blackburn, Law Rep. 1 P. & D. 109, and Harter v. Harter, Law Rep. 3 P. & D. 11, from a presumption of • knowledge and approval arising from the reading of, or hearing read, a will by a competent testator, because here the evidence is that the testator, relying on the epitome, never read or heard the will read.
My difficulty at the argument was that, in the above cases, to strike out the word or words inserted in error left the will what the testator intended it to be.
What to read after Illustrative Cases On the Law of Wills?
You can find similar books in the "Read Also" column, or choose other free books by Walter Thomas Dunmore to read onlineMoreLess
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