Interlineation - Law Dictionary Search Results
Home Dictionary Name: interlineationInterlineation
Interlineation, the insertion of any matter in a writ-ten instrument after it is engrossed or executed. A deed may be avoided by interlineation, unless a memorandum be made thereof at the time of the execution or attestation. If there be any inter-lineation or erasure in the jurat of an affidavit, the affidavit cannot be read, unless authenticated by initials of officer, etc., R.S.C. 1883, Ord. XXXVIII., r. 12.Interlineations in a will after execution, except so far as not 'apparent' (as to which see Ffinch v. Combe, 1894, P. 191), must, by s. 21 of the (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), be executed as the Will itself (see WILL), but the signature of the testator and the subscriptions of the witnesses may be by initials. See INITIALS....
Interlineal
Contained between lines written or inserted between lines already written or printed containing interlineations as an interlinear manuscript translation etc...
Interlining
Correction or alteration by writing between the lines interlineation...
Rasure, or Erasure
Rasure, or Erasure, the act of scraping or shaving.Means the scraping or shaving of a document's surface to remove the writing from it, Black's Law Dictionary, 7th Edn., 1268.Rasure of a deed, so as to alter it in a material part, without consent of the party bound by it, etc., will make the same void, and if it be rased in the date after delivery, it is said it goes through the whole. Where a deed by rasure, addition, or alteration becomes no deed, the defendant may plead non est factum, 5 Rep. 23, 119.A rasure or interlineation in a deed is presumed, in the absence of rebutting evidence, to have been made at or before its execution, but in a will it is presumed to have been made after its execution. See INTERLINEATION....
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Caret
A mark used by writers and proof readers to indicate that something is interlined above or inserted in the margin which belongs in the place marked by the caret...
Execution of Wills
Execution of Wills. By the (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 9:-No will shall be valid unless it be in writing and executed in manner hereinafter mentioned; (that is to say) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation clause shall be necessary.The (English) Wills Act Amendment Act, 1852 (15 & 16 Vict. c. 24), contains most elaborate saving allowances for the position of the signature. Thus, the signature of the testator may be placed 'at, or after, or following, or under, or beside, or opposite to, the end of the will'; 'a blank space may intervene between the concluding word of the will and the signature'; the signature may be 'on a sid...
Initials
Initials, the first letters of names. By the (English) Civil Procedure Act, 1833 (3 & 4 Wm. 4, c. 42), s. 12, it was directed that in all actions upon bills of exchange, promissory notes, or other written instruments, any of the parties to which were designated by the initial letter or letters, or some contraction of the Christian or first name or names, it should be sufficient to designate such persons by the same initial letter or letters, instead of stating them in full.Signature by initials is a good signature within the Statute of Frauds, Phillimore v. Barry, (1808) 1 Camp 513; a good signature of a will [In the goods of Wingrove, (1851) 15 Jur. 91; In the goods of Hinds, (1851) 16 Jur 1161]; and a good subscription as regards interlineations in a will [In the goods of Blewitt, (1880) 5 PD 116]. Under the Companies Act, 1929,s. 145, 'initials' includes a recognised abbreviation of a Christian name....
Interpolate
Interpolate, to insert words in a complete document. See INTERLINEATION...
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