 | Roper Stote Donnison Roper - Decedents' estates - 1804 - 584 pages
...an instrument properly attefted in order to incorporate another not attefted, muft defcribe it fo, as to be a manifestation of what the paper is which is meant to be incorporated, in fuch a way, that a court pi • equity can be under no miltake (/)•" In order to illuftrate this... | |
 | William Scott Preston - Legacies - 1824 - 456 pages
...sense : even if no attestation is annexed to " it. The rule of law is, that an instrument pro" perly attested, in order to incorporate another " instrument...so as " to be a manifestation of what the paper is, to " be incorporated, in such a way that the court " cannot be under any mistake." The charge may be,... | |
 | William Ward - Legacies - 1826 - 536 pages
...these papers to enable him to say, they were necessarily incorporated : that the rule of law was, that an instrument properly attested, in order to incorporate another instrument not attested, must describe.it so as to be a manifestation of what the paper was, which was meant to be incorporated,... | |
 | Great Britain. Court of Chancery - Equity - 1827 - 926 pages
...contents, that it is so, in a sense ; even if no attestation is annexed to it . The rule of law is, that an instrument properly attested, in order to incorporate...such a way, that the Court can be under no mistake ( 1 ). In that way of putting the case it is not necessary to decide, whether the testator's intention... | |
 | Roper Stote Donnison Roper - Legacies - 1829 - 668 pages
...an instrument properly attested in order to incorporate another not attested, must so describe it, as to be a manifestation of what the paper is, which is meant to be incorporated, in such a way, that a court of equity can be under no mistake. "(m) It might have been concluded from these declarations,... | |
 | Sir James Wigram - Evidence (Law) - 1835 - 182 pages
...submitted, was (a) Supra, p. 87, n. (a). (b) See Smart v. Prujean, 6 Ves. 565. " The rule of law is, that an instrument properly attested, in order to incorporate...such a way that the court can be under no mistake." See also Dillon v. Harris, 4 Bligh. NS 321. altogether misapplied, and the case is one which ought... | |
 | Thomas Starkie - Evidence (Law) - 1842 - 1186 pages
...incorporated with the former, and may be said to give eflect to it. But it is a general rule of law, that an instrument properly attested, in order to incorporate another instrument not attested, must do tract (»), or amount to a substantive collateral agreement (<); those also, To vary, where certain... | |
 | Great Britain. Courts - Ecclesiastical law - 1843 - 662 pages
...Langtbear. In the case of Smart v. Prujean,* the Lord Chancellor said : ARGUMENT. " The rule of law is, that an instrument properly attested, in order to incorporate...such a way, that the Court can be under no mistake." " Judging as a private individual, there can be no doubt that, when he executed the will, he meant... | |
 | William Calverley Curteis - Ecclesiastical law - 1844 - 938 pages
...contents that it is so in a sense, even if no attestation is annexed to it. The rule of law is, that an instrument properly attested, in order to incorporate...such a way that the Court can be under no mistake." That is in reference to what had been decided in Habergham v. Vincent, that the papers must be described... | |
 | Great Britain. Courts - Ecclesiastical law - 1844 - 622 pages
...contents that it is so in a sense, even if no attestation is annexed to it. The rule of law is, that an instrument properly attested, in order to incorporate...another instrument not attested, must describe it .v•as to be a manifestation of what the paper is which is meant to I*? mcorporated, in such a way... | |
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an instrument, properly attested, in order to incorporate another instrument not attested, must describe it so as to be a manifestation of what the paper is which is meant to be incorporated. 
