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" A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which... "
Howard's Practice Reports: Containing Cases Under the Code of Civil ... - Side 406
av New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886
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An Examination of the Rules of Law Respecting the Admission of Extrinsic ...

Sir James Wigram - 1835 - 182 sider
...testator. A separate examination of each of these propositions will now be gone into. PROPOSITION I. A testator is always presumed to use the words in...acceptation, unless, from the context of the will, it appear that he has used them in a different sense, in which case the sense in which he thus appears...
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The Legal Observer, Or, Journal of Jurisprudence, Volum 30

1845 - 556 sider
...The rule of construction ultimately proceeded upon by the court was, that words are to be construed according to their strict and primary acceptation, unless from the context of the instrument and the intention of the parties to be collected from it, they appear to be used in a different...
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The Equitable Jurisdiction of the Court of Chancery: Comprising Its ..., Volum 1

George Spence - 1846 - 708 sider
...Cases at Law and in Equity, which it will be proper to bear in mind throughout: — "PROPOSITION I. — A testator is always presumed to use the words in...of the will, it appears that he has used them in a difieren! sense, in which case the sense in which he thus appears to have used them, will be the sense...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 8

Georgia. Supreme Court - 1850 - 660 sider
...subject, laid down by Mr. Wigram, and, I think, sustained by adjudicated cases, are as follows : 1. A testator is always presumed to use the words in...different sense ; in which case, the sense in which he thus appears to have used them, will be the sense in which they are to be construed. 2. When there...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 8

Georgia. Supreme Court - 1850 - 688 sider
...adjudicated cases, are as follows : .1. A. testator is always presumed to use the words in which be expresses himself, according to their strict and primary...used them in a different sense; in which case, the Ken.se in which he thus appears to have uaed them, will bo the sense < in which they arc to be construed....
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 67

Georgia. Supreme Court - 1883 - 846 sider
...kind. The will of itself is clearly, conclusively, demonstrative of the intention of the testator. " A testator is always presumed to use the words in...acceptation, unless from the context of the will it appears he has used them in a different sense ; in which case the sense in which he thus appears to have used...
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The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - 1847 - 438 sider
...M. &• W. 517., by the Court of lam v. May. _-. , " Exchequer : — " VY ords are to be construed according to their strict and primary acceptation, unless from the context of the instrument, and the intention of the parties to be collected from it, they appear to be used in a different...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volum 2

John Pitt Taylor - 1848 - 756 sider
...seven propositions, as the result both of principle and authority, and are thus expressed : — " I. A testator is always presumed to use the words, in...different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed. II. Where there...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 5

Louisiana. Supreme Court - 1851 - 838 sider
...upon the subject, we shall set out. "1st. A testator is always presumed to use the words, in which ho expresses himself, according to their strict and primary...different sense ( in which case the sense in which he thus appeal's to have used them, will be the sense in which they иге to be construed." "2d. Where...
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Commentaries on American Law, Volum 1

James Kent - 1851 - 706 sider
...Welsby, 511, the ordinary rule of construction was declared to be, that words were to be construed according to their strict and primary acceptation, unless from the context of the instrument, and the intention of the parties, to be collected from it, they appear to be used in a...
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