 | 1850 - 736 sivua
...pronounce ita opinion that the instrument is not entitled to probate ; and it very frequently happens that this may be the result of an inquiry, in cases...imputation of wilful perjury on either side, or it may be that the Judge may not be satisfied on which side the perjury is committed, or whether it certainly... | |
 | Joseph Delafield, New York (State). Court of Appeals - 1862 - 806 sivua
...judicially satisfied that the paper in question does contain the last will of the deceased, the Court is bound to pronounce its opinion that the instrument is not entitled to probate. 4. That when it is sought to establish a posterior will, to overthrow a prior one made by the testator... | |
 | 1862 - 174 sivua
...judicially satisfied that the paper in question docs contain the last will of the deceased, the Court is bound to pronounce its opinion that the instrument is not entitled to probate. 4. That when it is sought to establish a posterior will, to overthrow a prior one made by the testator... | |
 | Austin Abbott - 1864 - 602 sivua
...judicially satisfied that the paper in questiou does contain the last will of the deceased, the court is bound to pronounce its opinion that the instrument is not entitled to probate. When it is sought to establish a posterior will, to overthrow a prior one made by the testator in health,... | |
 | Alfred Howell - 1880 - 560 sivua
...and Probate jurisdiction in England compared. Flood on Wills of Personalty, 557, 561, & cat. tit. ing the will, if the conscience of the judge, upon a careful...opinion that the instrument is not entitled to probate " (a). This question involves thefactum (') of the will, " which means not barely the signing or formal... | |
 | John Hutton Balfour Browne - 1880 - 722 sivua
...judicially satisfied that the paper in question does contain the last will of the deceased, the Court is bound to pronounce its opinion that the instrument is not entitled to probate."1 A similar rule has been laid down in other States2 — why, it is somewhat difficult to... | |
 | Theodore Frelinghuysen Cornell Demarest - 1885 - 722 sivua
...not judicially satisfied that the paper in question contains the last will of the deceased, the court is bound to pronounce its opinion that the instrument is not entitled to probate." These doctrines are applicable to the case at bar, although in form this proceeding is not a proceeding... | |
 | 1904 - 1246 sivua
...judicially satisfied that the paper in question docs contain the last will of the deceased, the court is bound to pronounce its opinion that the instrument is not entitled to probate. * * * (5) That it is not the duty of the court to strain after probate, nor in any case to grant it... | |
 | Jean Joseph Beauchamp, Great Britain. Privy Council - 1891 - 946 sivua
...must fail in his suit. And thus in a Court of Probate, where the onus probandi most undoubtedly lies upon the party propounding the will, if the conscience...perjury is committed, or whether it certainly exists. HlTCHINGS V. WOOD & AL. * 68. According to the rule of practice of the Ecclesiastical court, probate... | |
 | 1896 - 672 sivua
...undoubtedly rests upon the party propounding the will, (and the defendant is now in that position) if the conscience of the Judge, upon a careful and...opinion that the instrument is not entitled to probate." The next portion of that learned Chief Justice's opinion, now under citation, is a very complete answer... | |
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Probate, where the onus pro1*38. bandi most undoubtedly lies upon the party propounding the Will, if the conscience of the Judge, upon a careful and accurate consideration of all the evidence on both sides, is not judicially satisfied, that the paper... 
