 | Great Britain. Privy Council. Judicial Committee - Law reports, digests, etc - 1840 - 540 pages
...the present Appeal : and they have been acquiesced in on both sides. These rules are two ; the first that the onus probandi lies in every case upon the...propounded is the last Will of a free and capable Testator. The second is, that if a party writes or prepares a Will, under which he takes a benefit, that is a... | |
 | William Calverley Curteis - Ecclesiastical law - 1840 - 1022 pages
...present appeal : and they hare beem i* v*tri acquiesced in on both sides. These rules are two. the first that the onus probandi lies in every case upon the party propounding a will ; and be must wh«v &* satisfy the conscience of the Court that the iiKruparty woo prt- * puw a »iir ment... | |
 | Great Britain, Great Britain. Courts - Divorce - 1841 - 542 pages
...acquiesced in * / on both sides. These rules are two, the first that the onus probandi lies/f **» in every case upon the party propounding a will; and he must satisfy (a) The editor does not profess to report the decisions of the Judicial Committee of the Privy Council;... | |
 | Law - 1843 - 532 pages
...not procured by any unworthy means.i With respect to wills there are two important rules. The first, that the onus probandi lies in every case upon the...propounded is the last will of a free and capable testator. The second is, that if a party writes or prepares a will under which he takes a benefit, that is a... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1859 - 518 pages
...where Parke, B., stated as the indisputable rule of law that the onus probandi lies in every case on the party propounding a will, and he must satisfy...propounded is the last will of a free and capable testator; and to Harwood v. Baker, 3 Moore's PC 282. In this latter case, a will had been propounded in the Prerogative... | |
 | Joseph Delafield, New York (State). Court of Appeals - Claims against decedents' estates - 1862 - 806 pages
...admit of any dispute, and they have been acquiesced in on both sides. These rules are two : the first, the onus probandi lies, in every case, upon the party...is the last will of a free and capable testator." Again he says : "In all cases, this onus probandi is imposed on the party propounding a will." In the... | |
 | Insanity (Law) - 1862 - 174 pages
...These rules are two : the first, the onus probandi, lies in every case, upon the party propounding the will, and he must satisfy the conscience of the Court...is the last will of a free and capable testator." Again : " In all cases, this onus probandi is imposed on the party propounding a will." In the late... | |
 | Law - 1865 - 384 pages
...the latter case, " That the onus probandi l;es in every case on the party propounding a will, and ho must satisfy the conscience of the court that the instrument .so propounded is :'io last will of a free and capable testator," seem almost too general, since they would infer that... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1870 - 728 pages
...observation was quoted with approbation by Mr. Justice Thomas in Crowninshield v. Crouminshield, " that the onus probandi lies in every case upon the...is the last will of a free and capable testator." This statement, though apparently supporting the doctrine that the burden of proof on the issue of... | |
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These rules are two; the first, that the onus probandi lies in every case upon the party propounding a Will; and he must satisfy the conscience of the Court that the instrument so propounded is the last Will of a free and capable Testator. 
