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"Well," commented Payson, "I understand what you've said about nun nuncupative wills, all right, that is, I think I do. But leaving them out of consideration I still don't see why this letter can't be regarded as part of the original will." "For the reason that when your father executed the original document he went through every form required by the statute for making a will.
Your father obviously did none of these things when he placed this letter with his will." "But isn't a letter ever enough under any circumstances?" inquired Payson. "Well," said Tutt. "It is true that under certain exceptional circumstances a man may make what is known as a nuncupative will." "What is a a nuncupative will?" asked his client.
The presumption of the law is against validity of a testamentary paper not completed. There must be in the testator the animus testandi, which is sometimes presumed from circumstances in such cases and in such places as nuncupative wills are recognized.
"Of course, one could argue that it made no difference whether a man uttered his wishes orally in the presence of witnesses or reduced them to writing and signed them, but the law is very technical in such matters and it has been held that a will reduced to writing and signed by the testator, or a memorandum of instructions for making a will, cannot be treated as a nuncupative will; nor is a written will, drawn up by an attorney, but not signed, owing to the sickness of the testator to be treated as a nuncupative will; but upon requisite proof in a proper case a paper, not perfected as a written will, may be established as a nuncupative will when its completion is prevented by act of God, or any other cause than an intention to abandon or postpone its consummation.
While she was gone the notary asked the butcher, then the baker, and then the candlestick-maker, if they could speak and understand English, and where they resided. Their answers were satisfactory. Then he sat down, bent low to the desk, and wrote on a blank form the preamble of a nuncupative will. By the time he had finished, the maid had got back and the hot bottle had been properly placed.
But a wish is one thing; a will, even a nuncupative will by public act, is another and an infinitely better and more effective thing. But we wish also to express our determination to see that you are not hindered in the execution of any of the terms of this will, whose genuineness we, of course, do not for a moment question." He looked about upon his companions.
At all events, we find him singling out his Virginia aide as his nuncupative legatee, bequeathing to him his favorite charger and his body-servant Bishop, so well known in after-years as the faithful attendant of the patriot chief. The only allusion he made to the fate of the battle was to softly repeat once or twice to himself, "Who would have thought it?"
Well, now, this terrible affair may take place before I can make my arrangements; so I will, with your permission, make a nuncupative will I believe nuncupative is the word, but I am not sure." Mowbray sighed; he found himself powerless before this incorrigible light-heartedness, and had not the resolution to check it.
In a few states, females at eighteen may make a will of real and personal estate. In a few states, personal estate may be willed verbally, if the will is within a specified time reduced to writing, and subscribed by disinterested witnesses. In Ohio such will must be written within ten days after the speaking of the testamentary words. A will of this kind is called a nuncupative will.
Flockhart, said he, taking four or five broad pieces out of a well-filled purse and tossing the purse itself, with its remaining contents, into her apron, 'these will serve my occasions; do you take the rest. 'It is the testamentum militare, quoth the Baron, 'whilk, amang the Romans, was privilegiate to be nuncupative. But the soft heart of Mrs.
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