In the same cause, three signatures were to be identified and proved, that of the testator and also of the two attesting witnesses, all three having died since their attestation.
In the same cause three signatures were to be identified and proved--that of the testator and also of the attending witnesses--all three having died since their attestation.
No bishop or other official having authority to take probate of testaments may take a fee for probating a testament where the goods of the testator are under 100s.
Executors have an action for trespass to their testators' goods and chattels in like manner as did the testator when alive.
It is clear that the testator had little or no property of his own, and that he was too old, or otherwise incapacitated, to earn anything for himself.
Gradually it developed, until at last it came to be an instrument by means of which the testator retained control over his property even after his death.
The text begins by saying that the testator called to his daughter: “Bring me writing materials, for I am ill.
Alterations in Wills or Codicils require the signature of the testator and of two witnesses to be made upon the margin, or upon some other part of the will, opposite or neat to the alteration.
Given by same testator to the same legatee; -- said of a legacy.
The bishops, and even the government itself, have often desired to look into these accounts in order to see whether the will of the testator had been exactly complied with in the application of the funds to their intended purposes.
As a general rule, when a testator makes his will, he bequeathes a certain sum of money to be laid out in masses, which are to be said as suffrages for his soul.
The law will assume that the testator meant his true daughter.
It leaves all the property of the testator to 'my daughter.
The will is a hasty document badly worded, and simply leaves all the testatordied possessed of to--my daughter.
By his will the testator further bequeathed his personal estate to trustees, and directed half of it to be invested in land, to be settled in the same way as the already-mentioned lands.
There seems no end to the illustrations of this exclusion; as, for instance, when a colored woman acted as interpreter between a testator and the person who drafted the will.
They had formed a circle round the invalid; the second notary was sitting at a table, prepared for writing, and his colleague was standing before the testator in the act of interrogating him on the subject to which we have alluded.
The period appointed by the testator for the disposal of these riches occurred only a short time ago, and they have only been employed by me within the last few years.
No one but the testator need know its contents, and he may, and often does, prepare it with the most wanton caprice, and leave it in the most absurd depository to take its chance of loss or discovery as it may happen.
John Paston and John Brakley, and no others; for in reality there were present in the chamber with the testator on that day, and especially during those hours, the said Rob.
Within an hour of the signing of the will the testator was found dead, apparently from the effects of fear, but the niece was not in the room at the time of death.
The servants stated that the testator before signing it was perfectly acquainted with its contents, for the niece had made him repeat them in their presence.
The only other remarkable circumstance in the case was that the disreputable lover of the niece had been seen hanging about the house at dusk, the testator having died at ten o'clock at night.
The testator then proceeds to give his directions respecting the institution, laying down his plan and objects in several articles.
From its inception to the present time he has remained silent in his chamber of pain, waiting to bequeath, like the testator of the dramatist, "A fame by scandal untouched To Memory and Time's old daughter Truth.
The testator was going to Paris, and perhaps from thence to Vienna.
I was able to identify the suit-case as that which I had seen the testatorcarry away from Queen Square.
You will remember, gentlemen, that it was either at Eltham or Woodford that the testator was last seen alive.
I accompanied him to 141, Queen Square, and shortly after we arrived Doctor Norbury came to look at some antiquities that the testator proposed to give to the British Museum.
The testator accordingly gave me certain instructions concerning the delivery of the gift, as he was leaving England that evening.
Mr. George Hurst came to my rooms, which are over my office, and informed me that the testatorhad called at his house during his absence and had been shown into the study to wait for him.
The testator was in easy, in fact, in affluent circumstances.
From these instructions I gathered that the testator was uncertain as to the length of his absence from England and the extent of his journey.
Here the judge remarked in a still, small voice that "It would, perhaps, have been even more remarkable if the testator had disappeared gradually and incompletely.
The presumption of death which arises so inevitably out of the mysterious and abrupt manner in which the testator disappeared has recently received most conclusive and dreadful confirmation.
The mistake lay in this, that Death had escorted the testator out of the world in another way than said testator had expected.
The considerate testator left particular directions in his will that the estate should not be burdened with the expense of a diphthong!
The testator could divide his property among his heirs in such proportions as he saw fit; but if there was no distribution, all the heirs participated equally.
All persons capable of making a will could leave legacies, real or personal, but these were not due if the testator died insolvent.
According to the Twelve Tables, the powers of a testator in disposing of his property were unlimited, but in process of time laws were enacted to restrain immoderate or unnatural bequests.
Is there anything to show that thetestator was not, at the time of the execution of the will, of a sound and disposing mind?
At first they had only pleaded that the testator had not duly executed the alleged will in accordance with the provisions of 1 Vic.
To this end he dwelt at great length on every detail of the events between the tattooing of the will and the death of the testator on the following day, making as much as was possible out of the fact that he died in a fit of mania.
In cross-examination, however, both these witnesses admitted that the testator was in a great state of passion when he executed the will, and gave details of the lively scene that then occurred.
Fortunately Mr. Meeson was more or less acquainted with the formalities that are necessary in the execution of a will, namely: that the testator and the two witnesses should all sign in the presence of each other.
I'm a Christian testator too; and Christians of my cut aren't accustomed to be kept standing about just like office-boys or authors.
Further, in reference to this part of the case, it must be borne in mind that the testator was no eccentric being, who from whim or perversity chose this extraordinary method of signifying his wishes as to the disposal of his property.
It was, I understand, executed in the presence of the testator and the two attesting witnesses, all three being present together, and the signature of each being tattooed in the presence of the other?
