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%)
page 46 of 233 (19%)
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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 |
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