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May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
Washington Law Review
The advantages are apparent that might be gained by a man including in his will the provision that his wife should not take under it unless she should survive him for a period of, say, forty-eight hours. As an example, there is the famous French case of Fair v. Vanderbilt, in which both spouses were killed, the wife surviving the husband fifty-nine seconds, and of which a learned author once remarked, "It was the first time in history that a man and his wife were ever killed while riding together." No provision had been made in contemplation of either co-accidental …
The Washington Statute On Nuncupative Wills, Edward Starin
The Washington Statute On Nuncupative Wills, Edward Starin
Washington Law Review
In the old days of our common law, when the art of writing was limited to but a comparative few, the idea of a nuncupative or oral will gained a fairly firm footing. But with the spread of the ability to write, such wills came to be looked upon with disfavor owing to the opportunities presented for fraud and perjury Hence as early as the reign of Henry VIII. important restrictions were imposed on the right and power to make a nuncupative will. Contemporary legal writers expressed the idea that such a will could be made only when the testator …