FOREIGN WILL. Where a German testator specially appointed a person in England to realize on his English estate and transmit the proceeds, to the German executor, the court declined to grant probate to these per sons as executors according to the tenor of the will ; [1894] 2 Q. B. 260.
Where property was settled upon English trustees with power of appointment, the own er of the power exercised the power it gave by will made in English form but invalid by French law. It was held that the appoint ment was valid; L. R. 1 P. D. 90.
There may be independent wills in dif ferent jurisdictions ; [1894] P. 9 ; [1896] P. 65.
Where a testator made two separate wills dealing separately with English and Scotch assets, the court being satisfied that no cred itor would be prejudiced, granted letters un der the English will without requiring the Scotch will to be incorporated, upon condi tion that a copy thereof should be filed and a note to that effect made on the probate , [1891] P. 285. And where a resident of Eng land made two wills, one termed the "English will" relating solely to property in England, and the other the "Anierican Will" relating solely to property in this country, the orig inal of the latter was held entitled to pro bate in Kansas, the statute authorizing rec ord of the probate of foreign wills being held as enlarging not restricting the jurisdiction of the probate court ; Parnell v. Thompson, 81 Kan. 119, 105 Pac. 502, 33 L. R. A. (N. S.)
658. So where a resident of Delaware exe cuted a will there called the "American will," and removed to England and executed an other one, called the "English will," recogniz ing the former, the two were held to consti tute one will ; Flinn v. Frank, 8 Del. Ch. 186, 68 Atl. 196.
Where an executor was absent and ex pected to • be absent for two years and had given X a power of attorney to act for him, administration with the will annexed was granted to X for the benefit of the execu tor; [1891] P. 251.
As to wills of persons long absent, see AB SENTEE. As to forfeiting a gift by contesting the will, see FORFEITURE. See FACSIMILE.
In Criminal Law. The power of the mind which directs the action of a man.
In criminal jurisprudence, the necessity of the concurrence of the will is deemed so far indispensable that, in general, those persons are held not amenable as offenders against the law who have merely done the act pro hibited, without the concurrence of the will. This has reference to different classes of persons who are regarded as laboring under defect of will, and are, therefore, incapable of committing crime.
Infants, who, from want of age, are ex cused from punishment. See INFANT.
Persons laboring under mental imbecility are not amenable for crime. See INSANITY;