About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 To What Extent Can Or Should Parole Testimony Be Accepted to Construe Or Determine the Provisions of a Will 1892

handle is hein.beal/twexspt0001 and id is 1 raw text is: 






















  DoUBT  AS TO IDENTITY OF LEGATEE.-In  a case from Wales, which
was recently decided by Mr. Justice Romer, sitting in the Chancery
Division of the High Court of Justice in London, a curious conflict
arose a, to the identity of a legatee. It seems that the testatrix,
whose name  was Cina Harding, had bequeathed a number of railway
shares to  Daniel Harding, who has lost his leg. The only Daniel
Harding  that appeared from the testimony in her circle of acquain-
tances was a  nephew of her husband, but while his name was  the
same  as that given in the will, he did not answer the description,
since he had never lost either of his legs. However, it appeared
that there were two nephews of the husband  of the testatrix, both
named  Edward  Harding, each  of whom  had lost a leg prior to the
time when  the  will was made.  Under  these remarkable circum-
stances, Mr. Justice Romer seems to have  had some  difficulty in
deciding which of the.legless claimants was entitled to the benefit of
the will, and was obliged to take a great deal of testimony before
satisfying himself as to which was the true beneficiary. Both of the
Edward  Hardings laid claim to the whole gift, and rejected a propo-
sition from their counsel that each should take a half.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most