| slovo | definícia |
attestation
(mass) | attestation
- atestácia, overenie, osvedčenie |
attestation
(encz) | attestation,atestace n: Zdeněk Brož |
attestation
(encz) | attestation,osvědčení Pavel Cvrček |
attestation
(encz) | attestation,ověření n: Zdeněk Brož |
Attestation
(gcide) | Attestation \At`tes*ta"tion\, n. [L. attestatio: cf. F.
attestation.]
The act of attesting; testimony; witness; a solemn or
official declaration, verbal or written, in support of a
fact; evidence. The truth appears from the attestation of
witnesses, or of the proper officer. The subscription of a
name to a writing as a witness, is an attestation.
[1913 Webster] |
attestation
(wn) | attestation
n 1: the action of bearing witness
2: the evidence by which something is attested |
ATTESTATION
(bouvier) | ATTESTATION, contracts and evidence. The act of witnessing an instrument of
writing, at the request of the party making the same, and subscribing it as
a witness. 3 P. Wms. 254 2 Ves. 454 1 Ves. & B. 362; 3 Marsh. 146; 3 Bibb.
494; 17 Pick. 373.
2. It will be proper to consider, 1. how it is to be made 2. bow it is
proved; 3. its effects upon the witness; 4. its effect upon the parties.
3.- 1. The attestation should be made in the case of wills, agreeably
to the direction of the statute; Com. Dig. Estates, E 1 and in the case of
deeds or other writings, at the request of the party executing the same. A
person who sees an instrument executed, but is not desired by the parties to
attest it, is not therefore an attesting witness, although he afterwards
subscribes it as such. 3 Camp. 232. See, as to the form of attestation, 2
South. R. 449.
4.-2. The general rule is, that an attested instrument must be proved
by the attesting witness. But to this rule there are various exceptions,
namely: 1. If he reside out of the jurisdiction of the court; 22 Pick. R.
85; 2. or is dead; 3. or becomes insane; 3 Camp. 283; 4. or has an interest;
5 T. R. 371; 5. or has married the party who offers the instrument; 2 Esp.
C. 698 6. or refuses to testify 4 M. & S. 353; 7. or where the witness
swears he did not see the writing executed; 8. or becomes infamous; Str.
833; 9. or blind; 1 Ld. Raym. 734. From these numerous cases, and those to
be found in the books, it would seem that, whenever from any cause the
attesting witness cannot be had secondary evidence may be given. But the
inability to procure the witness must be absolute, and, therefore, when be
is unable to attend from sickness only, his evidence cannot be dispensed
with. 4 Taunt. 46. See 4 Halst. R. 322; Andr. 236 2 Str. 1096; 10 Ves. 174;
4 M. & S. 353 7 Taunt. 251; 6 Serg. & Rawle, 310; 1 Rep. Const.; Co. So. Ca.
310; 5 Cranch, 13; Com. Dig. tit. Testmoigne, Evidence, Addenda; 5 Com. Dig.
441; 4 Yeates, 79.
5.-3. When the witness attests an instrument which conveys away, or
disposes of his property or rights, he is estopped from denying the effects
of such instrument; but in such case he must have been aware of its
contents, and this must be proved. 1 Esp. C. 58.
6.-4. Proof of the attestation is evidence of the sealing and
delivery. 6 Serg. & Rawle, 311; 2 East, R. 250; 1 Bos. & Pull. 360; 7 T. R.
266. See, in general, Starkie's Ev. part 2, 332; 1 Phil. Ev. 419 to 421; 12
Wheat. 91; 2 Dall. 96; 3 Rawle's Rep. 312 1 Ves. Jr. 12; 2 Eccl. Rep. 60,
214, 289, 367 1 Bro. Civ, Law, 279, 286; Gresl. Eq. Ev. 119 Bouv. Inst. n.
3126.
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| | podobné slovo | definícia |
attestation
(mass) | attestation
- atestácia, overenie, osvedčenie |
attestation
(encz) | attestation,atestace n: Zdeněk Brožattestation,osvědčení Pavel Cvrčekattestation,ověření n: Zdeněk Brož |
attestation
(wn) | attestation
n 1: the action of bearing witness
2: the evidence by which something is attested |
attestation report
(wn) | attestation report
n 1: a consulting service in which a CPA expresses a conclusion
about the reliability of a written statement that is the
responsibility of someone else [syn: attestation service,
attestation report] |
attestation service
(wn) | attestation service
n 1: a consulting service in which a CPA expresses a conclusion
about the reliability of a written statement that is the
responsibility of someone else [syn: attestation service,
attestation report] |
ATTESTATION
(bouvier) | ATTESTATION, contracts and evidence. The act of witnessing an instrument of
writing, at the request of the party making the same, and subscribing it as
a witness. 3 P. Wms. 254 2 Ves. 454 1 Ves. & B. 362; 3 Marsh. 146; 3 Bibb.
494; 17 Pick. 373.
2. It will be proper to consider, 1. how it is to be made 2. bow it is
proved; 3. its effects upon the witness; 4. its effect upon the parties.
3.- 1. The attestation should be made in the case of wills, agreeably
to the direction of the statute; Com. Dig. Estates, E 1 and in the case of
deeds or other writings, at the request of the party executing the same. A
person who sees an instrument executed, but is not desired by the parties to
attest it, is not therefore an attesting witness, although he afterwards
subscribes it as such. 3 Camp. 232. See, as to the form of attestation, 2
South. R. 449.
4.-2. The general rule is, that an attested instrument must be proved
by the attesting witness. But to this rule there are various exceptions,
namely: 1. If he reside out of the jurisdiction of the court; 22 Pick. R.
85; 2. or is dead; 3. or becomes insane; 3 Camp. 283; 4. or has an interest;
5 T. R. 371; 5. or has married the party who offers the instrument; 2 Esp.
C. 698 6. or refuses to testify 4 M. & S. 353; 7. or where the witness
swears he did not see the writing executed; 8. or becomes infamous; Str.
833; 9. or blind; 1 Ld. Raym. 734. From these numerous cases, and those to
be found in the books, it would seem that, whenever from any cause the
attesting witness cannot be had secondary evidence may be given. But the
inability to procure the witness must be absolute, and, therefore, when be
is unable to attend from sickness only, his evidence cannot be dispensed
with. 4 Taunt. 46. See 4 Halst. R. 322; Andr. 236 2 Str. 1096; 10 Ves. 174;
4 M. & S. 353 7 Taunt. 251; 6 Serg. & Rawle, 310; 1 Rep. Const.; Co. So. Ca.
310; 5 Cranch, 13; Com. Dig. tit. Testmoigne, Evidence, Addenda; 5 Com. Dig.
441; 4 Yeates, 79.
5.-3. When the witness attests an instrument which conveys away, or
disposes of his property or rights, he is estopped from denying the effects
of such instrument; but in such case he must have been aware of its
contents, and this must be proved. 1 Esp. C. 58.
6.-4. Proof of the attestation is evidence of the sealing and
delivery. 6 Serg. & Rawle, 311; 2 East, R. 250; 1 Bos. & Pull. 360; 7 T. R.
266. See, in general, Starkie's Ev. part 2, 332; 1 Phil. Ev. 419 to 421; 12
Wheat. 91; 2 Dall. 96; 3 Rawle's Rep. 312 1 Ves. Jr. 12; 2 Eccl. Rep. 60,
214, 289, 367 1 Bro. Civ, Law, 279, 286; Gresl. Eq. Ev. 119 Bouv. Inst. n.
3126.
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ATTESTATION CLAUSE
(bouvier) | ATTESTATION CLAUSE, wills and contracts. That clause wherein the witnesses
certify that the instrument has been executed before them, and the manner of
the execution of the same. The usual attestation clause to a will, is in the
following formula, to wit: "Signed, sealed, published and declared by the
above named A B, as and for his last will and testament, in the presence of
us, who have hereunto subscribed our names as the witnesses thereto, in the
presence of the said testator, and of each other." That of deeds is
generally in these words "Sealed and delivered in the presence of us."
2. When there is an attestation clause to a will, unsubscribed by
witnesses, the presumption, though slight, is that the will is in an
unfinished state; and it must be removed by some extrinsic circumstances. 2
Eccl. Rep. 60. This 'presumption is infinitely slighter, where the writer's
intention to have it regularly attested, is to be collected only from the
single word "witnesses." Id. 214. See 3 Phillim. R. 323; S. C. 1 Eng. Eccl.
R. 407.
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