 | Great Britain. Court of Chancery, Charles Beavan - Equity - 1841 - 674 pages
...consider the rule as settled : you are at liberty to prove the circumstances of the testator, so far as to enable the Court to place itself in the situation of the testator at the time of making his will, but you are not at liberty to prove either his motives or... | |
 | Roper Stote Donnison Roper, Henry Hopley White - Legacies - 1847 - 1000 pages
...consider the rule as settled ; you are at liberty to prove the circumstances of the testator, so far as to enable the Court to place itself in the situation of the testator at the time of making his will, but you are not at liberty to prove either his motives or... | |
 | Sir James Wigram, William Knox Wigram - Evidence - 1858 - 246 pages
...no doubt, upon the auv 2 M. & W. 139. i Maxims, 25. thorities, but that evidence of the testator's intention, as proved by his declarations, would have...admissible. Upon the proof of extrinsic facts, which is [148] always allowed in order to enable the Court to place itself in the situation of the devisor,... | |
 | Theophilus Parsons - Consideration (Law) - 1866 - 830 pages
...; on that supposition there is no doubt, upon the authorities, but that evidence of the testator's intention, as proved by his declarations, would have...allowed, in order to enable the court to place itself in tho situation of the devisor, and to construe his will, it would have appeared that there were at the... | |
 | Isaac Fletcher Redfield - Wills - 1866 - 1102 pages
...consider the rule as settled ; you are at liberty to prove the circumstances of the testator, so far as to enable the court to place itself in the situation of the testator at the time of making his will, but you are not at liberty to prove cither his motives or... | |
 | Law - 1872 - 438 pages
...Mackenzie v. Mackenzie, 2 Russ. 262. For this purpose you may prove the circumstances of the case so far as to enable the court to place itself in the situation of the testator in making his will ; but you are not at liberty to prove either his motives or intentions.... | |
 | Theophilus Parsons - Contracts - 1893 - 974 pages
...of averment, which is of inferior account in law ; for that were to make all deeds hollow, »ible. Upon the proof of extrinsic facts, which is always...have appeared that there were at the date of the will torn persons, to each of whom the description would be equally applicable. This clearly resembles the... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1893 - 776 pages
...several interpretations, it is well settled that evidence of attendant circumstances is admissible to enable the court to place itself in. the situation of the parties, for the purpose of construing such doubtful terms. No reason is perceived why the facts that... | |
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Upon the proof of extrinsic facts, which is always allowed in order to enable the Court to place itself in the situation of the devisor, and to construe his will, it would have appeared that there were at the date of the will two persons, to each of whom... 
