Cyclopedia Of Law Volume 7

Paperback | February 11, 2012

byCharles Erehart Chadman

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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. 1912 Excerpt: ... Undoubtedly, the object in giving this trivial legacy was to guard against the witness taking a portion of the estate under the provisions of sec. 9, by which a child omitted in the will may have its share of the estate, unless such omission was intentional, or such child had had its due proportion of the estate during the life of the testator. The decree of the judge of probate is reversed, and a decree is to be entered that the will be affirmed. Walton, Barrows, Danforth, Libbey, and Symonds, JJ., concurred. HAWKINS v. HAWKINS ET AL. 54 la. 443. 1880. Rothrock, J. W. H. Hawkins was directly interested in the will as a legatee, and being a subscribing witness thereto he could derive no benefit therefrom, unless there were two other competent and disinterested witnesses. Section 2327 of the Code provides that "no subscribing witness to any will can derive any benefit therefrom unless there be two disinterested and competent witnesses to the same." The only question to be determined then is, was T. C. Hawkins, the wife of W. H. Hawkins, a disinterested and competent witness? That she was a competent witness in the general sense cannot be disputed. By section 3636 of the Code it is provided that "every human being of sufficient capacity to understand the obligation of an oath is a competent witness in all cases, both civil and criminal, except as herein otherwise declared." A married woman, then, is a competent subscribing witness to a will. She is not within any of the exceptions contained in the Code. If it be said that she is not competent to establish that part of the will which makes her husband a legatee, the answer is, by section 3641, the husband or wife are, in all civil and criminal cases, competent witnesses for each other. Is the wife a disintere...

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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. 1912 Excerpt: ... Undoubtedly, the object in giving this trivial legacy was to guard against the witness taking a portion of the estate under the...

Format:PaperbackDimensions:196 pages, 9.69 × 7.44 × 0.42 inPublished:February 11, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217825982

ISBN - 13:9780217825986

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