The Encyclopdia of Evidence volume 14

Cover The Encyclopdia of Evidence volume 14
The Encyclopdia of Evidence volume 14
Edgar W Edgar Whittlesey Camp
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— " Tl'. Is presumption is drawn from the ordi- nary conduct of mankind. Men do not commonly sign papers without knowledge of what is embraced within them. " Vernon v. Kirk, 30 Pa. St. 218.
May Control Other Evidence. Where the testimony leaves it doubt- ful whether testator understood the contents of his will, the presumption that he did controls. Sheer v. Sheer, 159 111- 591, 43 N E. 334.
Transaction of Recent Date.
Where a will is not in the hand- writing of the testator and the wit- nesses
...are present, and the transac- tion recent, no presumption _ of knowledge of contents can arise. Gerrish v. Nason, 22 Me. 438.
65. Harris v. Vanderveer's Exr. , 21 N. J. Eq. 561. And see Taylor v. Cresswell, 45 Md. 422.
The presumption that a person who executes a will does so with knowledge of its contents readily yields to evidence showing that such "was not the fact. Purdy v. Hall, I34 111. 298. 25 N. E. 645. , „, „ 66. Tyrrell v. Painton, (1894) P. (Eng ) 151 ; Harrison v. Rowan, 3 Wash.


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