Reports of Decisions in Probate volume 3
Reports of Decisions in Probate volume 3
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In our eReader you can find the full English version of the book. Read Reports of Decisions in Probate volume 3 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Decisions in Probate volume 3
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The first essential point is, Was this will destroyed with- out the knowledge of the testator?
Section 1339 of the Code of Civil Procedure says: "No will shall be proved as a lost or destroyed will, unless the same is proved to have been in existence at the time of the death of the testator, or is shown to have been fraudulently or by pub- lic calamity destroyed in the lifetime of the testator, with- out his knowledge, nor unless its provisions are clearly and distinctly proved by at least two ...credible witnesses ; pro- vided, however, that if the testator be committed to any state hospital for the insane in this state and after such commit- ment his last will and testament be destroyed by public calam- ity, and the testator is never restored to competency, then after the death of the said testator, his said last will may be probated as though it were in existence at the time of the death of the testator. " It is incumbent upon the proponent to establish the destruc- tion by public calamity, in the lifetime of the testator, with- out his knowledge, of the instrument propounded; and, also, to prove its provisions by clear and distinct evidence from at least two credible witnesses.
What to read after Reports of Decisions in Probate volume 3?
You can find similar books in the "Read Also" column, or choose other free books by California Superior Court San Francisco Probat to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The first essential point is, Was this will destroyed with- out the knowledge of the testator?
Section 1339 of the Code of Civil Procedure says: "No will shall be proved as a lost or destroyed will, unless the same is proved to have been in existence at the time of the death of the testator, or is shown to have been fraudulently or by pub- lic calamity destroyed in the lifetime of the testator, with- out his knowledge, nor unless its provisions are clearly and distinctly proved by at least two ...credible witnesses ; pro- vided, however, that if the testator be committed to any state hospital for the insane in this state and after such commit- ment his last will and testament be destroyed by public calam- ity, and the testator is never restored to competency, then after the death of the said testator, his said last will may be probated as though it were in existence at the time of the death of the testator. " It is incumbent upon the proponent to establish the destruc- tion by public calamity, in the lifetime of the testator, with- out his knowledge, of the instrument propounded; and, also, to prove its provisions by clear and distinct evidence from at least two credible witnesses.
What to read after Reports of Decisions in Probate volume 3?
You can find similar books in the "Read Also" column, or choose other free books by California Superior Court San Francisco Probat to read onlineMoreLess
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