| John Pitt Taylor - 1848 - 764 pages
...108 PRESUMPTIONS AS TO THE EXECUTION OF WILLS. to have been duly sealed and delivered, it will, in the absence of evidence to the contrary, be presumed to have been sealed (h). ยง 105. With respect to the execution and alteration of wills, the Ecclesiastical Courts recognise... | |
| Charles John Bunyon - 1854 - 426 pages
...therefore, when the instrument is a deed, and on proper stamps, and it is stated in the attestation; to have been sealed and delivered in the presence...witnesses, it will, in the absence of evidence to the contrary, be presumed to have been sealed, although no impression appear on the parchment or paper."(6)... | |
| Joseph S. Bosworth, New York (State). Superior Court (New York) - 1865 - 776 pages
...before the lands can be sold. If the assignment contemplates tn immediate sale, such a provision may, in the absence of evidence to the contrary, be presumed to have been intended lor the benefit of the creditors, by increasing tha fund. Morrison et aL v. AtweU et aL 503... | |
| Great Britain. Court of Common Pleas, John Scott, Henry Bompas, Edmund Lumley - 1871 - 684 pages
...in the attestation to have been sealed and delivered in the presence of the witnesses, it will, in the absence of evidence to the contrary, be presumed to have been sealed, although no impression appear on the parchment or paper." " This," adds the learned author, " I am... | |
| James Gray Stevens - 1880 - 1564 pages
...seized in execution, must be made at the same time as the deed of conveyance ; and as a deed must in the absence of evidence to the contrary, be presumed to have been executed on the day it bears date, an affidavit purporting to have been sworn on the 2nd February,... | |
| Sir Henry Studdy Theobald - 1881 - 908 pages
...Will not A will or codicil left in the testator's possession and not forthcoming at his death must, in the absence of evidence to the contrary, be presumed to have been revoked. Padmore v. Whatton, 3 Sw. & T. 449 ; In 6o7}i,s Shaw, 1 Sw. & T. 62 ; Brown v. Brown, 8 E.... | |
| Nevada. Supreme Court - 1882 - 510 pages
...in the attestation to have been sealed and delivered in the presence of the witnesses, it will, in the absence of evidence to the contrary, be presumed to have been sealed, although no impression appear upon the parchment or paper." No authorities are cited, by the author,... | |
| Frederick Pollock - 1888 - 516 pages
...proposition. A will or codicil in the testator's possession and not forthcoming at his death will, in the absence of evidence to the contrary, be presumed to have been revoked. This also is a well-established proposition. Jones v. Harding (58 LTR 60) combines these two... | |
| 1895 - 1224 pages
...sealed, yet, if it be stated in the attestation clause to have been sealed and delivered, it will, in the absence of evidence to the contrary, be presumed to have been properly sealed. This rule was applied to the instrument itself. The only authority announcing a contrary... | |
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