 Conjecture is not permitted to supply what the testator has failed to indicate, for as the law has provided a definite successor, in the absence of disposition, it would be unjust to allow the right of this ascertained object to be suspended by the claim...  The Northampton County Reporter - Página 2221921Visualização integral - Acerca deste livro
 | Thomas Jarman - 1844 - 936 páginas
...has involved his intention, the failure of the intended disposition is the inevitable consequence. Conjecture is not permitted to supply what the testator...disposition, it would be unjust to allow the right of this ascerCHAPTER XII. tained object to be superseded by the claim of any one not pointed out by the testator... | |
 | Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - 1849 - 894 páginas
...the legal proposition arises that the heir at law is entitled. In Jarman on Wills it is said (a). *' Conjecture is not permitted to supply what the testator...absence of disposition, it would be unjust to allow the rights of this ascertained object to be superseded by the claim of any one not pointed out by the testator... | |
 | John Willard - 1861 - 718 páginas
...discovered from the whole will. But if this cannot be ascertained, the intended disposition will fail. Conjecture is not permitted to supply what the testator has failed to indicate. The law has provided a definite successor to the property of its dying o'frner, in the absence of a... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1866 - 724 páginas
...law has provided definite successors to the estate of a decedent in the absence of disposition, " and it would be unjust to allow the right of this ascertained...object to be superseded by the claim of any one, not poinled out by the testator with equal distinctness," (1 Jarman on Wills, 316.) In a trust limitation... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 816 páginas
...has involved his intention, the failure of the intended disposition is the inevitable consequence. Conjecture is not permitted to supply what the testator...claim of any one not pointed out by the testator with eqnal distinctness." Kelley v. Kelley, 25 Peun. St. 460 ; Wooton v. Redd, 12 Grattan, 196. To avoid... | |
 | Edwin Troxell Freedley - 1878 - 384 páginas
...through the obscurity in which the testator has involved his intention. " Conjecture," says Jarman, " is not permitted to supply what the testator has failed...pointed out by the testator with equal distinctness." Thus, a direction to trustees to apply the residue of the testator's personal estate to " such benevolent,... | |
 | Thomas Jarman - 1880 - 908 páginas
...of the testator, than that the whole should be void and the heir let in. The cases where coarte have has failed to indicate ; for as the law has provided...object to be superseded by the claim of any one not refused to give a devise any effect on the ground of uncertainty, are those where it was quite impossible... | |
 | 1915 - 1382 páginas
...lias involved his intention, the failure of the intended disposition is the inevitable consequence. Conjecture is not permitted to supply what the testator...to allow the right of this ascertained object to be suspended by the claim of any one not pointed out by the testator with equal distinctness. The principle... | |
 | 1907 - 1210 páginas
...the person or object with reasonable certainty. As said in Jarman on Wills (6th Ed.) vol. 1, p. 354: "Conjecture Is not permitted to supply what the testator...ascertained object to be superseded by the claim of anyone not pointed out by the testator with equal distinctness." "Evidence is not receivable for the... | |
 | Arkansas. Supreme Court - 1916 - 638 páginas
...has involved his intention, the failure of the intended disposition is the inevitable consequence. Conjecture is not permitted to supply what the testator...has provided a definite successor in the absence of deposition, it would 'be unjust to allow the right of this ascertained object to be suspended by the... | |
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