 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1835 - 1218 pages
...Court is to ascertain, not what the testator actually intended, as contradistinguished from what his words express, but what is the meaning of the words he has used. I consider it doubtful what the testator actually meant should be done. But I have no doubt as to the... | |
 | Sir James Wigram - Evidence (Law) - 1835 - 182 pages
...Court is to ascertain, not what the testator actually intended, as contradistinguished from what his words express, but what is the meaning of the words he has used." See also per Littledale, }., in Doe d. Templemanv. Martin, 4 B. & Adol. 783, and per Parke, 3., in... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 1358 pages
...Court is to ascertain, not what the testator actually intended, as contra-distinguished from what his words express, but what is the meaning of the words he has used." (3) Goodingt ». In the judgment of Lord Hardwicke, in the case of Goodinge "**' v. Goodinge,(4-) a... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...Court is to ascertain, not what the testator actually intended as contradistinguished from what his words express, but what is the meaning of the words he has used (o). In each of the above cases, consequently, the devise would be void, for it holds generally, according... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...Court is to ascertain, not what the testator actually intended as contradistinguished from what his words express, but what is the meaning of the words he has used.9 If, as observed by Sir James Wigram, the Statute of Frauds merely had required that a nuncupative... | |
 | Herbert Broom - Legal maxims - 1854 - 622 pages
...and proper construction.4 The general rule, observes a learned judge, I take to be, that, •where the words of any written instrument are free from...themselves, and where external circumstances *do not r*i"ni create any doubt or difficulty as to the proper application of those words to claimants under... | |
 | Sir James Wigram, William Knox Wigram - Evidence - 1858 - 246 pages
...Court is to ascertain, not what the testator actually intended, as contradistinguished from what Ms words express, but what is the meaning of the words he has -used." And in Rickman v. Carstairs, 5 B. & Adol. 663, Lord Denman, CJ, said, " The question in this and other... | |
 | Lyttleton Forbes Winslow - Forensic psychiatry - 1863 - 788 pages
...court is to ascertain, not what the testator actually intended, as contradistinguished from what his words express, but what is the meaning of the words he has used." By the phrase here used, "what the testator actually intended," is of course meant, what he intended,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1876 - 652 pages
...Taylor on Evidence, 6th edition, { 1034 ; Robertson v. French, 4 East, 185. Opinion of the court. Where the words of any written instrument are free from ambiguity in themselves, and where the external circumstances do not create any doubt or difficulty as to the proper application of the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1875 - 866 pages
...TYNDAL, Ch. J., in Attorney-General v. Shore, supra, says : " The general rule I take to be, that, when the words of any written instrument are free from ambiguity in themselves, and when external circumstances do not create any doubt or difficulty as to the proper application of those... | |
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And when the words of any written instrument are free from ambiguity in themselves, and where external circumstances do not create any doubt or difficulty, as to the proper application of... 
