 | Great Britain, Great Britain. Courts - 1832 - 612 페이지
...rationally, questions, may still not be capable of making a will for all purposes. The rule of law is, that the competency of the mind must be judged of by the...from a consideration of all the circumstances of the case. iliitl. 34 CHAPEL. A chapel being shortly before 1735 built by private subscription, and subscribers... | |
 | Leonard Shelford - 1833 - 964 페이지
...whatever, whereas the rule of law, and it is the rule of common sense, is far otherwise ; the competency of mind must be judged of by the nature of the act to...all the circumstances of the case. In Combe's case (d), it was agreed by the Judges, " that the sane memory for the making of a will is not at all times... | |
 | Sandford Tatham, Alexander Fraser - 1834 - 770 페이지
...occasion of the application to set aside that will, after hearing the argument, Sir John Nicholl said, " It is a great, but not an uncommon error, to suppose...all the circumstances of the case. In Combe's case, (in Moore's Report's at common law, 759), the rule is laid down in these words, — ' It was agreed... | |
 | Edwin Maddy - 1835 - 282 페이지
...rationally, questions, may still not be capable of making a will for all purposes : the rule of law is, that the competency of the mind must be judged of by the...from a consideration of all the circumstances of the case. — (Marsh ». Tyrrell and Harding. Hagg. R. ii. p. 122.) Where the drawer and attesting witness... | |
 | Francis James Newman Rogers - 1840 - 1136 페이지
...and it is the rule of common sense, is far otherwise ; the com" petency of the mind must be judged by the nature of the act to be " done, and from a...consideration of all the circumstances of the case." In Combe s case, Moore, 759, Vin. Abrid. Devise A. 22, the rule is laid down in these words, it was agreed... | |
 | Samuel Owen - 1849 - 404 페이지
...will for any purpose whatever, whereas the true rule of law, and it is the rule of common sense, is, the competency of the mind must be judged of by the...from a consideration of all the circumstances of the case." Marsh v. Tyrrell and Harding, 2 Hag. Ec. Rep. 125i. In regard to the testimony of Mr. Barker,... | |
 | Illinois. Supreme Court - 1874 - 654 페이지
...whereas the rule of law, and it is the rule of common sense, is far otherwise ; the Opinion of the Court. competency of the mind must be judged of by the nature of the act to be done from a consideration of all the circumstances of the case." The idea here intended to be conveyed by... | |
 | 1862 - 174 페이지
...(2 Flagg, 122), that experienced and learned judge, Sir JOHN NICHOLL, said : " It is a great but not uncommon error to suppose that, because a person can...be judged of by the nature of the act to be done, from a consideration of all the circumstances of the case." The observations of EBSKINE, J. (3 Moore,... | |
 | Joseph Delafield, New York (State). Court of Appeals - 1862 - 806 페이지
...Flaf/y, 122), that experienced and learned judge, Sir JoHN NICHOLL, said : " It is a great but not uncommon error to suppose that, because a person can...be judged of by the nature of the act to be done, from a consideration of all the circumstances of the case." The observations of ERSKINE, J. (3 Moore,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1866 - 716 페이지
...principles applicable. In Marsh v. Tyrrell, (2 Hagg. 122,) Sir John Nicoll said: "It is a great but not uncommon error to suppose, that because a person can...be judged of by the nature of the act to be done, from a consideration of all the circumstances of the case." . . In Hanvood v. Baker, (3 Moore's Priv.... | |
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It is a great, but not an uncommon error, to suppose that because a person can understand a question put to him, and can give a rational answer to such question, he is of perfect sound mind, and is capable of making a will for any purpose whatever, whereas... 
