Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Volumen6David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey Mercantile Print. Company, 1866 |
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action of ejectment action of trespass administrator adverse possession aforesaid afterwards age of twenty-one agreement alleged appear apply assumpsit bequeath bequest bond Caleb Rodney Castle County Chancellor charged the jury cited claim codicils Colonel Davis common carriers common law construction contract corporation counsel Court Court of Chancery death debt deceased decree deed defendant devise dollars Edward Short entered entitled to recover evidence execution executor fact fee simple freight train grandchildren Harr heirs injury intention interest Isaac Short issue John John Short judgment justice Kent County land latter legacies legatee letters testamentary liable living ment mortgage objection paid parties passenger payable payment person petitioner plaintiff plea possession Potter premises principle proceeding proof proved provision purchaser question real estate reference replevin residing rule Saulsbury share sheriff statute suit survivor tion trustee Tubbs verdict wife William H witness writ
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Página 95 - ... and it cannot be that the simple fact of the party who prepared the Will being himself a Legatee, is in every case, and under all circumstances, to create a contrary presumption, and to call upon the Court to pronounce against the Will, unless additional evidence is produced to prove the knowledge of its contents by the deceased.
Página 45 - The strict meaning of the term ' onus probandi ' is this, that if no evidence is given by the party on whom the burden is cast, the issue must be found against him. In all cases this onus is imposed on the party propounding a will; it is in general discharged by proof of capacity and the fact of execution ; from which the knowledge of, and assent to, the contents of the instrument are assumed...
Página 50 - Signed, sealed, published and Declared by the said Testator as and for his last Will and Testament in the Presence of us who in his presence and at his request and in the presence of each other have subscribed our names as Witnesses thereto.
Página 101 - An act to enable all the religious denominations in this State to appoint Trustees, who shall be a body corporate, for the purpose of taking care of the temporalities of their respective congregations ; and for other purposes therein mentioned...
Página 95 - All that can be truly said is, that if a person, whether attorney or not, prepares a will with a legacy to himself, it is at most a suspicious circumstance, of more or less weight, according to the facts of each particular case...
Página 96 - Nor can it be necessary that in all such cases, even if the testator's capacity is doubtful, the precise species of evidence of the deceased's knowledge of the Will is to be in the shape of instructions for or reading over the instrument ; they form, no doubt, the most satisfactory, but they are not the only satisfactory description of proof by which the cognizance of the contents of the Will may be brought home to the deceased. The Court would naturally look for such evidence ; in some cases it...
Página 95 - ... the legacy, and the proportion it bears to the property disposed of, and numerous other contingencies ; but in no case amounting to more than a circumstance of suspicion, demanding the vigilant care and circumspection of the Court in investigating the case, and calling upon it not to grant pr9bate without full and entire satisfaction that the instrument did express the real intentions of the deceased.
Página 117 - ... be justly deprived or abridged of any civil right, as a citizen, on account of his religious sentiments, or peculiar mode of religious worship ; and that no authority can, or ought to be vested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner control, the rights of conscience, in the free exercise of religious worship...
Página 50 - Indiana, do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.
Página 130 - So, the law is now well settled, both in this country and in England, that a carrier may, unless forbidden by statute, limit or restrict, or even extend and enlarge, its common-law liability. Such contracts must, however, be invested with all the requirements of validity attaching to other forms of contract. Mutual assent and a valuable consideration must exist to support...