Lecture Notes On the New York Law of Wills : for Use in Connection With Chaplin On Wills

Cover Lecture Notes On the New York Law of Wills : for Use in Connection With Chaplin On Wills
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I know that he may be alive, but I do not believe it. I have decided to take the chances, and rely on my present belief, and make no provision for him at all. I therefore revoke the legacy to him, and give the same to my sister Jane." Testator then died, and William returned, and claimed the legacy. But this case differs from the preceding case, because here testator chose to rely and act finally according to his belief, whether it should in fact turn out right or wrong. In effect, he provided ...that his sister should get the legacy anyway. His action was not based on the son's death if true, but on the actual fact that he helieved it to be true, and meant, in consequence, to give the property to the sister anyway. Therefore William could not recover the legacy.
Text-Book, p. 326, paragraph (d).
The practical question whether, in a given case, testator relied on the supposed fact if true, or on the actual fact that he believed it to he true, is often a diflicalt one to answer.
REVOCATION BY MAKEIAGK.


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