 | Law reports, digests, etc - 1878 - 1082 pages
...parol evidence must, to a certain extent, be admitted for the purpose of putting the Court, as far as may be, in the position of the testator at the time he made his will. This is very happily expressed by Lord Cairns in Charter v. Charter (ubi supra), when... | |
 | Law reports, digests, etc - 1906 - 1278 pages
...Intent of tbe parties, the surrounding circumstances should be taken Into account, and the court should place Itself as nearly as may be in the position of the parties who made the contract. It should look to the subject-matter of the contract, the relation of... | |
 | Law - 1907 - 930 pages
...extrinsic evidence of the surrounding circumstances is admissible in order to place the Court as near as may be in the position of the testator at the time the last document was executed, but he also held that on the face of the documents alone in the present... | |
 | Henry H. Wilson - Suretyship and guaranty - 1907 - 668 pages
...intent of the parties, the surrounding circumstances should be taken into account, and the court should place itself as nearly as may be in the position of the parties who made the contract. It should look to the subject-matter of the contract, the relation of... | |
 | Thomas Gold Frost - Insurance law - 1909 - 876 pages
...Co. v. Morrow, 80 Ark. 49; 96 S. S. 160. See generally on the qucs- W. 6l3. 92 and the court should place itself as nearly as may be in the position of the parties who make the contract. It should look to the subject-matter of the contract, the relation of... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1921 - 874 pages
...is the cardinal principle in the construction of a will. And the court, construing the will, should place itself as nearly as may be in the position of the testator, so as to interpret his words in the light he intended they should have. Sec. 583, RS 1909 ; Gibson... | |
 | Law - 1900 - 536 pages
...testator, and, in order to arrive at such intention, there is no better way than to put one's self, as near as may be, in the position of the testator at the time of its execution. The will provides that all of the bequests shall be paid, if practicable, within... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1907 - 882 pages
...intent of the parties, the surrounding circumstances should be taken into account, and the court should place itself as nearly as may be in the position of the parties who made the contract. It should look to the subject-matter of the contract, the relation of... | |
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To arrive at the intent of the parties, the surrounding circumstances should be taken into account, and the court should place itself as nearly as may be in the position of the parties who made the contract. It should look to the subject-matter of the... 