Lecture Notes on the New York Law of Wills: For Use in Connection with Chaplin on Wills (Classic Reprint) - Couverture souple

Chaplin, Stewart

Couverture souple

ISBN 10 : 133474596X ISBN 13 : 9781334745966

Editeur : Forgotten Books, 2018

Synopsis

The digital edition of all books may be viewed on our website before purchase. Excerpt from Lecture Notes on the New York Law of Wills



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A propos du livre

Présentation de l'éditeur

So testator may sign by his initials only. Text-B ook, p. 315. Or by his first name only. Text-B ook, p. 217. For other methods of signing, Text-B ook, pp. 315-323. But whether testator writes his full name, or mark, or other sign, he must intend the writing he makes to stand for and represent his signature. Otherwise he has not duly signed the will. Text-B ook, p. 216 e. In New York the testators subscription may be written for him by another person, by his express direction. Eobins v. Coryell, 37 Barb. 556. 3R. S. 64, 41, Birdseye s Ed., p. 3343. But it would be unwise to adopt this method unless absolutely necessary. Merchant s Estate, 1T uck. 151. The New York statute (2 E. S. 64, 41, Birdseye s Ed., p. 3343) provides that any person who shall sign the testators name to any will by his direction shall write his own nartle as a witness to the will. If he neglects to comply with this requirement, he shall forfeit $50, but the omission shall not invalidate the will, nor shall the penalty incapacitate or excuse such person from testifying concerning the execution of the will. If testator holds the pen, and makes such physical effort as he can, and his hand is steadied and guided by some one else, in that case the signature is made by testator, and not by the other person for him. Stevens v. Vancleve, 4W ash. C. C. 263. Fritz V. Turner, 46 N. J. Eq. 515. Meehan v. Rourke, 3B radf. p. 393. But in such a case it is wise to have the person who thus guides testators hand, sign also as a witness, so as to avoid any chance of conflict with the statute last referred to.
(Typographical errors above are due to OCR software and don't occur in the book.)

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Détails de l'édition

• Éditeur: Forgotten Books
• Date d'édition: 2018
• Langue: anglais
• ISBN 10: 133474596X
• ISBN 13: 9781334745966
• Reliure: Broché
• Nombre de pages: 68
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