This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ...submitted to the jury unless there is reasonable evidence that the person charged had influence over the testator; that he exercised that influence over the testator, to the extent of coercion, in relation to the will itself; and that the execution of the impeached instrument was procured by the exercise of such influence as the causa causans of the act itself. Longford (Earl) v. Purdon, 1 Ir. Ch. D. 75. An issue--whether a will was obtained by fraud--ought not to be submitted to the jury unless there is reasonable evidence that fraud has been practised; that its influence continued so that the testator was labouring under it at the time he made his will, and that he was by that means induced to make his will. Ib. II. TESTAMENTARY INSTRUMENTS, WHAT ENTITLED TO PROBATE, &c. 1. General Principles. 2. Foreign and Colonial, 821. 3. By Married Women, 826. 4. Deaf ami Dumb Persons, 830. 5. Persons Dying Abroad.--See post, col. 823. 6. Soldiers and Sailors, 830. 7. Felo de sc, 831. 8. Wlwre there arc Several Instruments. a. Probate Granted to more than one Will, 831. b. Probate Granted to One only, 833. c. Codicils and Wills, 835. 9. Incorporation of Unattested and Detached Papers, 841. 10. Conditional and Contingent, 850. 11. Joint and Mutual Wills, 853. 12. In Execution of Power of Appointment, 854. 13. Alterations, Additions, ami Omissions, 856. 14. When Lost, Mislaid, or Destroyed, 864. 1. General Principles. What Testamentary.--A. and his wife of the first part, and B. of the second, executed a deed, by which A. granted all the real and personal estate he then possessed to B., in trust, upon the decease of A., to pay the annual income arising therefrom to A.'s wife, and on her death to divide the whole trust property amongst the children of A. in the prop...
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