 | Joseph Phillimore - Ecclesiastical law - 1822 - 620 pages
...to the factum of a will which would apply if the inquiry were concerning the construction of it. % In the Court of Probate the whole question is one...clause is omitted, it may be inserted by the Court. It is admitted that if there is doubt on the face of the instrument, the Court may admit parol evidence.... | |
 | William Calverley Curteis - Ecclesiastical law - 1840 - 964 pages
...not definite, although we may be not quite so strict in the mode of applying it. He went on to say, " In the Court of Probate, the whole question is one of intention." So I apprehend it is in a Court of Construction. " The animus testandi and the animus revocandi are... | |
 | Law reports, digests, etc - 1877 - 896 pages
...revocation or partial revocation." On this question Sir J. Nicholl says in Methuen-r. Methuen (13), "In the Court of Probate the whole question is one of intention. The animus testandi and the aiiimns revocandi are completely open to investigation in this Court." In the present case I am of... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1879 - 924 pages
...revocation or partial revocation. And on this question Sir J. Nicoll says, in Methuen v. Metkuen ('), "In the Court of Probate the whole question is one of intention ; the animus teslandi and the animus renocandi are completely open to investigation in this court." In the present... | |
 | Law reports, digests, etc - 1880 - 762 pages
...to the factum of the will which would apply if the enquiry were concerning the construction of it. In the Court of Probate the whole question is one...are completely open to investigation in this Court. It is admitted that if there is doubt on the face of the instrument the Court may admit parol evidence."... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1883 - 1016 pages
...to the factum of the will which would apply if the inquiry were concerning the construction of it. In the Court of Probate the whole question is one of intention. The animus testandi and the animus recocandl are completely open to investigation in this court. It is admitted that if there is doubt... | |
 | Georgia. Supreme Court - Equity - 1885 - 998 pages
...the facts proved must completely remove the ambiguity. Burge et at. vt. Hamilton - ' al., executors. intention ; the animus testandi and the animus revocandi...completely open to investigation in this court. Suppose that in a case of fraud, or in a case of error, the residuary clause is omitted, it may be inserted... | |
 | Jean Joseph Beauchamp, Great Britain. Privy Council - Civil law Canada - 1891 - 946 pages
...partial revocation. On this question, Sir John Nicholl says in Methum v. Methuen (2 Phill. 426), •' In the court of Probate the whole question is one...— the animus testandi and the animus revocandi are completelyopen to investigation in this Court." In deciding this question, reference is always had... | |
 | John Chipman Gray - Personal property - 1906 - 756 pages
...partial revocation." And on this question Sir~J. Nicoll says, in MctTium v. MeOiuen, 2 Phillim. 426, ' In the Court of Probate the whole question is one of intention ; the animus testandi and the animus raxxxmdi are completely open to investigation in this court. ' In the present case I am of opinion... | |
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In the Court of Probate the whole question is one of intention : — the animus testandi and the animus revocandi are completely open to investigation in this Court. 
