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§ 1. Testamentary capacity.

§ 4. Rights and liabilities of devisees
Issue of testamentary capacity of person who

and legatees.
had once been insane held properly submitted by Ignorance of rule that party taking benefit of
instruction that, if his insanity was permanent, provision in a will is estopped to deny its in-
the presumption was that it would continue, validity will not prevent the application of such
and that the burden was on defendant to show rule, in the absence of fraud or misrepresenta-
that he was of sound mind when he executed tion.-Utermehle v. Norment, 291.
the will.-Keely v. Moore, 169.

A party taking benefit of provision in his fa-
Application for admission of a testator to in- vor under a will held estopped to assert invalidi-
sane asylum, with certificate of physicians, held ty thereof.–Utermehle v. Norment, 291.
inadmissible on the issue of his testamentary
capacity.-Keely v. Moore, 169.

2. Requisites and validity.
Official certificate of vice consuị at foot of will Adoption by United States courts of state laws

as rules of decision, see "Courts," $ 6.
executed abroad, otherwise sufficient as an at-
testation, may be treated as such by disregard-
ing his title appended to signature.-Keely v.

Moore, 169.

See "Process."
§ 3. Construction.

Power of Supreme Court to issue, see "Courts,".

SS 2-11.
Intent of testator co dispose of his whole es-

Particular writs.
tate by will held to prevent application of rule
that devisees of land without words of limita- See. "Habeas Corpus”; “Injunction"; "Man-
tion or description pass only a life estate.-Mc- damus."
Caffrey v. Manogue, 319.

Writ of error, see "Appeal and Error."


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