Reports of Decisions in Probate, 1±ÇL.R. Dempster, 1894 |
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3 ÆäÀÌÁö
... proved , and ( b ) upon such a deduction from that fact as is warranted by 1st , a con- sideration of the usual propensities or passions of men , 2d , the partic- ular propensities or passions of the person whose act is in question , 3d ...
... proved , and ( b ) upon such a deduction from that fact as is warranted by 1st , a con- sideration of the usual propensities or passions of men , 2d , the partic- ular propensities or passions of the person whose act is in question , 3d ...
6 ÆäÀÌÁö
... proved to create a liability . [ Instruction V. 46. The law places property wholly under the owner's control , and sub- ject to such final disposition as he chooses to make by last will . [ Instruction III . 47. All property of a person ...
... proved to create a liability . [ Instruction V. 46. The law places property wholly under the owner's control , and sub- ject to such final disposition as he chooses to make by last will . [ Instruction III . 47. All property of a person ...
11 ÆäÀÌÁö
... prove it by a preponderance of evidence . [ Instruc- tions XXXI ; XXXII ; XXXIII . 100. The law will not presume undue ... proved existence , and evidence in the will itself of their ef- fect ; for such influences are lawful in general ...
... prove it by a preponderance of evidence . [ Instruc- tions XXXI ; XXXII ; XXXIII . 100. The law will not presume undue ... proved existence , and evidence in the will itself of their ef- fect ; for such influences are lawful in general ...
13 ÆäÀÌÁö
... proved as they are al- leged ; ( b ) and only the acts alleged can be proved . [ Instructions XXXIX ; XXXVIII ; 13 . 124. Upon an issue of fraudulent misrepresentations in the execution of a will , a jury cannot raise a presumption of ...
... proved as they are al- leged ; ( b ) and only the acts alleged can be proved . [ Instructions XXXIX ; XXXVIII ; 13 . 124. Upon an issue of fraudulent misrepresentations in the execution of a will , a jury cannot raise a presumption of ...
20 ÆäÀÌÁö
... proved . VI . The burden is upon the contestants in this proceeding to prove and establish the issues made herein , by a pre- ponderance of evidence , and , unless so established , you will find each and every issue against said ...
... proved . VI . The burden is upon the contestants in this proceeding to prove and establish the issues made herein , by a pre- ponderance of evidence , and , unless so established , you will find each and every issue against said ...
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administratrix affection alleged allowed appears application appointed appraisers assets attorney charge child Churchill City and County claim Code codicil COFFEY community property considered contest counsel custody daughter David McDougal death deceased decedent decedent's estate declared decree demurrer devisee disposition divorce duty entitled escheat evidence execution executor executrix fact father fees filed fraud ground guardian guardianship Hatch heirs held Hill homestead husband Ingram insane delusion Instruction instrument intention interest inventory issue James McGinn John Judge judgment jurisdiction jury letters letters of administration letters testamentary lex domicilii marriage matter mental minor mother objection opinion partial distribution party person Peter Donahue petition petitioner probate proceedings question reason reference relations request resident residuary legatee Robert Stevenson San Francisco Section sound mind special administrator statute street testamentary testator's testatrix testified testimony thereof Tiffany tion undue influence unsound Van Voorhies Voorhies widow witness Woolley
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537 ÆäÀÌÁö - Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.
286 ÆäÀÌÁö - I hold every man a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor themselves, by way of amends, to be a help and ornament thereunto.
29 ÆäÀÌÁö - Actual fraud, within the meaning of this chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
531 ÆäÀÌÁö - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
515 ÆäÀÌÁö - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter or fact occurring before the death of such deceased person.
92 ÆäÀÌÁö - When a will has been admitted to probate, any person interested may, at any time within one year after such probate, contest the same or the validity of the will.
199 ÆäÀÌÁö - In awarding the custody of a minor, or in appointing a general guardian, the court or officer is to be guided by the following considerations: 1. By what appears to be for the best interest of the child in respect to its temporal and its mental and moral welfare...
18 ÆäÀÌÁö - Upon the death of the husband one-half of the community property goes to the surviving wife and the other half is subject to the testamentary disposition of the husband...
166 ÆäÀÌÁö - All the parts of a will are to be construed in relation to each other, and so as, if possible, to form one consistent whole; but where several parts are absolutely irreconcilable, the latter must prevail.
327 ÆäÀÌÁö - If none has been selected, designated, and recorded, or in case the homestead was selected by the survivor out of the separate property of the decedent, the decedent not having joined therein, the court must select, designate, and set apart, and cause to be recorded, a homestead for the use of the surviving husband or wife and the minor children; or if there be no surviving husband or wife, then for the use of the minor children...