Wills, Descent And Administration

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Wills, Descent And Administration
George P George Purcell Costigan
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Va. 388, 60 S. E. 388, 390, 14 L. R. A. (N. S ) 968 (1908), quoted in the note to Milam v. Stanley, ante, p. 94.
352 LAST WILLS AND TESTAMENTS. (Part 1 CROSBIE V, MacDOUAI^. (High Court of Chancery, 1799. 4 Ves. 610. ) Master of the Rolls [Sir Richard Pepper Arden]. " When this case was stated, I had no doubt upon it; and the Solicitor General has not been able to succeed in applying that case upon Lord Orford's will [3 Ves. Jr. 402], upon the authority of which alone he rests, to this. I shall
... give my opinion at present, having very little doubt; and if upon reading that case I see any reason to alter that opinion, I will mention it on Monday.
The testator by his will gives two annuities to Sarah Crosbie. By the fourth codicil he revokes those annuities. Two days after the execution of that codicil, it is said (but that I lay totally out of the case; for I cannot say two days will furnish a presumption that four days or ten days would not furnish) but two days after the execution of the fourth codicil, the testator makes a fifth, expressly calling it a codicil to his will, by which he substitutes one executor for another, and then, in the common way, quite unnecessarily, he declares, that is the only point in which he makes any alteration in the will ; for that is the real meaning of those words — that having altered his will in one respect, he means to alter it in no other.


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