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LEGAL NOTES. 891.
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Transcript
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
-^ ¦ In The Present And Future Numbers O...
Catherine Wood took tlie whole property herself . It was contended , intended however , to that take the effect entire onl fram in the e event of the of will the testatrix showed predeceasing that it was * y
Benjamin Creane , as it was expressed to be made in pursuance of cised the power in case contained she died in before the settlement Mr . Creane , which without was onl _leaving y to be issue exer- .
If the view which we have suggested regarding the _complete invalidit reason to y contend of the settlem that a ent will be made correct under , there a would contained , doubtless in , the be power
settlement was also invalid , according to the legal rule that " the accessory recital that follows the testatrix the princi acted pal in . " But , as the " of will all other contained powers a pursuance
enabling her in that behalf / ' its validity does not appear to depend under wholl The y any main upon view that ground of of the the of case settlement His , was Honor a . ' good s decision will , no was matter , that whether the will it ,
If of took sati she law sfactory effect thoug against under ht view otherwise which of the the power the , her case law mistake , or does Catherine not . not would This relieve Wood be appears one . was But , not to a beside us of feme fact to s be sole but she a .
had a , clear intention of disposing of her property under any , cirproperty administration cumstances comprised . In was Trimmell granted in the , v with . settlement Fell the , 16 will B as ea annexed v the an , lad 537 , of y , had so onl much y power a limited of the to
the dispose present of . case This . case But was in T strong _rimmell ly v relied . Fell on the in lad the y had arguments no power in reserved to
to make a will at alland could only execute the power her from b the y the present settlement , as , Catherine . That Wood case differed was , in , law therefore , a sing , le essentiall woman y , of
and had ; , consequently , a testamentary capacity independently effect any It power is in a the general reserved manner rule to in of her which law by , that deed the parties . an instrument intended which it to operate cannot take will
"be allowed to take effect in some other manner , if it can be so legall operate y construed as a will . Thus A will , it however is not uncommon is rarely to capable find a of deed operating held to
as a deedas wills . are seldom , sealed , , this ceremony being unnetestator cessary since or , testatrix the 1 st and Viet . subscri c . 26 ption —the by Will two s Act witnesses . Signing —all by three the
signing the will in one another ' s presence—are all the ceremonies that are lied required withthe by will the is statute so far valid to effectuate . Butunlike a will . a If deed thes , if e any are
possible of comp as the such prescribed . be If carrie , however , d ceremonies into , it effect is properl are if not wanting y to si the gned entire to , and a will extent attested , it of fails , the it will wholl testa , if y -
tor ' s wishes , at least as far as , the rules of law will permit . This , in that
shows method an of construing iof instrument the rules s that of law are on worded the _xoart a of manner the party gnorance
Legal Notes. 891.
LEGAL NOTES . 891 .
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Citation
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English Woman’s Journal (1858-1864), Feb. 1, 1862, page 391, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_01021862/page/31/
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