Book-bot.com - read famous books online for free

Disputed Handwriting - An exhaustive, valuable, and comprehensive work upon one of the most important subjects of to-day. With illustrations and expositions for the detection and study of forgery by handwriting of all kinds by Jerome B. Lavay
page 46 of 233 (19%)

A fraudulent alteration, if made by the person himself, taking under
it would vitiate his interest altogether. It was formerly considered
that an alteration, erasure or interlineation would void the
instrument entirely, even in those cases where it was made by a
stranger; but the law is now otherwise, as it is clearly settled that
no alterations made by a stranger will prevent the contents of an
instrument from retaining its original effect and operation, where it
can be plainly shown what that effect and operation actually was. To
accomplish this the mutilated instrument may be given in evidence as
far as its contents appear and evidence will be admitted to show what
portions have been altered or erased, and also the words contained in
such altered or erased parts; but if, for want of such evidence or any
deficiency or uncertainty arising out of it the original contents of
the instruments cannot be ascertained, then the old rule would become
applicable or more correctly speaking, the mutilated instrument would
become void for uncertainty. If a will contains any alterations or
erasures, the attention of the witnesses ought to be directed to the
particular parts in which such alterations occur, and they ought to
place their initials in the margin opposite, before the will is
executed, etc., notice this having been done by a memorandum added to
the attestation clause at the end of the will.

In Scotland the rule as to erasure is somewhat stricter than in
England and the United States, the legal inferences being that such
alterations were made after execution. As to necessary or bona-fide
alterations which may be desired by the parties, corrections or
clerical errors and the like after a paper is written out but before
signature, the rule usually followed is that the deed must show that
they have been advisedly adopted by the party; and this will be
DigitalOcean Referral Badge