New PDF release: Customary Law of the Haya Tribe, Tanganyika Territory (Cass

By Hans Cory

ISBN-10: 0203988248

ISBN-13: 9780203988244

ISBN-10: 0714624764

ISBN-13: 9780714624761

First released in 1945, this learn covers a variety of themes together with marriage, divorce, bride-price, inheritance, estate, own prestige and contracts in addition to a few notes at the universal courts and how they functioned in the course of the interval of British management

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Additional info for Customary Law of the Haya Tribe, Tanganyika Territory (Cass Library of African Studies)

Sample text

Kabainda disinherited his relatives calling witnesses and declaring his intention. He quoted as his reason that his relatives had completely neglected him during his illness. The witnesses accepted the reason of the testator, who appointed as heir his friend Kleofas, the village headman, a man from another clan who had nursed him during his illness. A last will was made signed by 10 witnesses. It was held that the testament was legal and that Nsholo, a nephew of the deceased had no claim to the inheritance.

Damian managed to reconcile his father, who in due course made a second testament, in which he nominated his eldest son Damian as Musika. This testament was signed by 10 persons as witnesses and acknowledged in Court as valid. Lost Will. 53. If the will has been lost or destroyed, its contents may become legally valid if they are pronounced by the witnesses to the will. 54 This is not admissible if it can be proved that the testator himself destroyed the will. 55. If a will is lost and the witnesses to it are not unanimous as to its contents, outsiders may be called to give their opinions and the verdict of the majority will stand.

This can be done at will. NOTE: This book is intended merely as a register and has no effect on the validity or otherwise of the will. However there seems to be a tendency to consider such an entry as proof of validity by itself. 59. The entry is not a necessary condition for the acknowledgment of a testament. Wishes and Legacies. 60. All wishes expressed in a will, unless they are at variance with the customary law, must be strictly followed, especially those with regard to burial, executor, maintenance of female dependents etc.

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Customary Law of the Haya Tribe, Tanganyika Territory (Cass Library of African Studies) by Hans Cory


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