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Updated: May 22, 2025
Unless provision was made in the will for the instant devolution of the testator's rights and duties on the Heir or Co-heirs, the testament lost all its effect. In modern Testamentary jurisprudence, as in the later Roman law, the object of first importance is the execution of the testator's intentions.
This being so, I pronounce for the will propounded by the plaintiff, and there will be a grant as prayed." "With costs, my Lord?" asked James, rising. "No, I am not inclined to go that length. This litigation has arisen through the testator's own act, and the estate must bear the burden." "If your Lordship pleases," said James, and sat down. "Mr.
Cecile, daughter of the aforesaid Sieur de Marville, and the applicant can show that the said will was extorted from the testator's weakness, he being unaccountable for his actions at the time: "'Whereas as the Sieur Schmucke, to obtain a will in his favor, sequestrated the testator, and prevented the family from approaching the deceased during his last illness; and his subsequent notorious ingratitude was of a nature to scandalize the house and residents in the quarter who chanced to witness it when attending the funeral of the porter at the testator's place of abode: "'Whereas as still more serious charges, of which applicant is collecting proofs, will be formally made before their worships the judges: "'I, the undersigned Registrar of the Court, etc., etc., on behalf of the aforesaid, etc., have summoned the Sieur Schmucke, pleading, etc., to appear before their worships the judges of the first chamber of the Tribunal, and to be present when application is made that the will received by Maitres Hannequin and Crottat, being evidently obtained by undue influence, shall be regarded as null and void in law; and I, the undersigned, on behalf of the aforesaid, etc., have likewise given notice of protest, should the Sieur Schmucke as universal legatee make application for an order to be put into possession of the estate, seeing that the applicant opposes such order, and makes objection by his application bearing date of to-day, of which a copy has been duly deposited with the Sieur Schmucke, costs being charged to . . . etc., etc.
"But Mr. Jellicoe disapproved of the will," said I; "in fact, he protested strongly against the form of it." "We will bear that in mind, too," Thorndyke replied. "And now with reference to what we may call the contentious clauses: the first thing that strikes us is their preposterous injustice. Godfrey's inheritance is made conditional on a particular disposal of the testator's body.
Where the testator's money was bestowed, Ralph did not know, for he did not see the will. When Ralph heard of his good fortune, his true life seemed to open before him; his Butterwood blood boiled in his veins. He did not hesitate a moment as to his course, for he was of the opinion that if a healthy young man could not make a living out of a good farm he did not deserve to live at all.
Don't you remember that last evening at Harton, we said we were sure to meet, we three; and here we are, you see. But, I say, this is a bad story for Kavanagh about this will being missing, is it not? Bad for you, too, though. Your mother was in it, was she not?" "Yes; but as the testator's sister she will come in for something, probably, anyhow.
These affidavits' holding up a bundle of papers "show that I also inquired as to the testator's identity; but I could learn nothing except that the descendants of one of the witnesses who had bought your ancestor's farm, upon his removal to the South, still had his deed in possession.
When another person's slave is instituted heir, if he continues in the same condition he must have the order of his master to accept; if alienated by him in the testator's lifetime, or after the testator's death but before acceptance, he must have the order of the alienee to accept; finally, if manumitted in the testator's lifetime, or after the testator's death but before acceptance, he may accept or not at his own discretion.
The will itself bore date about six years anterior to the testator's tragic death: it was very short, and, with the exception of a few legacies, of which the most important was L10,000 to his ward, the whole of his property was left to Richard Strahan, on the condition that he took the name and arms of Derval within a year from the date of Sir Philip's decease.
This was his convenient state of mind when, late one night, a step came up the stairs, and a hand passed over his door feeling for his knocker, and then one deep and solemn rap was rapped that might have been a spring in Mr. Testator's easy- chair to shoot him out of it; so promptly was it attended with that effect. With a candle in his hand, Mr.
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