In connection with those convictions, as is the standard, both petitioners also received fines. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae. (d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement. Survivorship for those who died due to calamity, wreck. 1 : presumptuous attitude or conduct : audacity. praesumptio hominis vel facti; presumption of fact "" in English: fact "" in English: 4 The fourth power of 2 i . The court will grant or withhold leave in its discretion, as the interests of justice may require. (1a, 2a). The prosecution must prove that a crime occurred; the defendant does not have to prove that it did not. An example of presumption is the legal conclusion that a person who has disappeared, and with whom no one has made contact in seven years, is most likely dead. Interpretation according to usage. (n), Section 1. (9) When the instrument evidencing an obligation has been delivered to the debtor, the obligation has been paid. There is no conclusive presumption of knowledge of foreign laws. The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling. Actual possession of the property. (10a), Section 17. (34a), Section 34. Unless the witness is incapacitated to speak, or the questions calls for a different mode of answer, the answers of the witness shall be given orally. This preview shows page 1 - 2 out of 2 pages. The presumption cannot be rebutted or contradicted by evidence to the contrary. So, also, a witness may testify from such writing or record, though he retain no recollection of the particular facts, if he is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution. Disputable presumptions. Exclusion and separation of witnesses. But Nelson and Madden seek the return of their property, not compensation for its temporary deprivation. Different forms of evidence can be broadly classified into testimonial, physical, and documentary evidence. Which of the following is true? Written words control printed. What is required before witnesses testify? Instrument construed so as to give effect to all provisions. (dd) That if the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary: (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage. The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainly. A conclusive presumption is a presumption that is so strong, that no evidence will be allowed to rebut or overcome it . Synonyms for DISPUTABLE: questionable, debatable, dubious, problematic, doubtful, suspicious, problematical, suspect; Antonyms of DISPUTABLE: indisputable . Circumstantial evidence, when sufficient. (n), Section 4. Section 6. Whenever a writing is shown to a witness, it may be inspected by the adverse party. Circumstantial evidence is sufficient for conviction if: (a) There is more than one circumstances; (b) The facts from which the inferences are derived are proven; and, (c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. Course Hero is not sponsored or endorsed by any college or university. 1921; Cal. The term presumption in the legal sense refers to a conclusion an individual makes based on a set of facts, coupled with his logic and reasoning, as well as the laws relevant to the case. Evidence of the good character of a witness is not admissible until such character has been impeached. (10), Section 13. There is no presumption of legitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. Why Do Cross Country Runners Have Skinny Legs? It refers to rules of law and are usually mere fictions. Who, Under Rowena's will, Mandy (Rowena's sister) inherits her property. Family reputation or tradition regarding pedigree. Offer of evidence. Look through examples of disputable presumption translation in sentences, listen to pronunciation and learn grammar. Want to read all 2 pages. 7814, especially its "disputable presumptions" that allegedly violate the constitutional right to be presumed innocent, Rep. Robert Ace Barbers, its main sponsor, had to undertake a media overdrive. (a) the identity of a person about whom he has adequate knowledge; (b) A handwriting with which he has sufficient familiarity; and. Judicial admissions. However, the Colorado Supreme Court reversed the lower court, saying that the only way a petitioner can reclaim funds is to prove his case with clear and convincing evidence. The petitioners filed a writ of certiorari, and the U.S. Supreme Court agreed to hear their case. Leading and misleading questions. The conclusion was based on disputable [= questionable] evidence. Conclusive Presumption or absolute presumption or irrebuttable presumption of law refers to presumption which cannot be overcome or changed by any additional evidence or argument. An example of data being processed may be a unique identifier stored in a cookie. Section 21. (40a), Section 47. Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or similar thing at another time; but it may be received to prove a specific intent or knowledge; identity, plan, system, scheme, habit, custom or usage, and the like. Public documents as evidence. A rebuttable presumption is assumed true until a person proves otherwise (for example the presumption of innocence). Section 43 of Rule 143 of the Rules of Court provides: Section 43. Proof of private document. Receipt for a part of . It is not allowed, except: (c) When there is a difficulty is getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute; (d) Of an unwilling or hostile witness; or. Opinion of expert witness. A conclusive presumption, also known as an absolute or irrebuttable presumption, is a rule of law which is not permitted to be overcome by any proof that the fact is otherwise. For the purpose of applying Rule 24 to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. (38) There was a good and sufficient consideration for a written contract. If one is under fifteen and the other above sixty, the former is deemed to have survived; 4. (11), Section 14. Scope. (16) A court or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the court's or judge's jurisdiction. Therefore, Madden and Nelson did exactly that. Conclusive Presumption Law and Legal Definition. contrary proof is offered, the presumption will prevail. A conclusive presumption is one in which the proof of certain facts makes the existence of the assumed fact beyond dispute. The following shall be considered dead for all purposes including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who has not been heard of for four years since the loss of the vessel or aircraft; (2) A member of the armed forces who has taken part in armed hostilities, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and whose existence has not been known for four years; (4) If a married person has been absent for four consecutive years, the spouse present may contract a subsequent marriage if he or she has well-founded belief that the absent spouse is already death. 1. Striking out answer. For example, the presumption that a person is innocent of a wrong is a disputable presumption on the same level as that of the regular performance of official duty. (20a), Section 23. If the office in which the record is kept is in foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office. (17) A judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties. Survivorship for those who died due to calamity, wreck. (2) An unlawful act was done with an unlawful intent. An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him. A Seafarer's Cause of Action Arises Upon His Disembarkation from the Vessel. When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor the provision was made. By holding a trial, a court provides the prosecution with the opportunity to provide evidence proving the defendants guilt. The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible to show that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly. Presumption of law is conclusive unless rebutted as provided under rule giving rise to presumption. Prosnmptio fortlor. (b) When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals. Sample translated sentence: . In English law, a conclusive presumption is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary. The following persons cannot testify as to matters learned in confidence in the following cases: (a) The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants; (b) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity; (c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient; (d) A minister or priest cannot, without the consent of the person making the confession, be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs; (e) A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure. By any other means of recording found suitable by. 183. The language of a writing is to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended otherwise. (c) In the case provided for in Rule 132, Section 14, (46a, 47a), Section 1. The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines by is presently unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his interest therein; (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the names of a description of the persons he expects will be adverse parties and their addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony. Scope. When part of an act, declaration, conversation, writing or record is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, writing or record is given in evidence, any other act, declaration, conversation, writing or record necessary to its understanding may also be given in evidence. 12, Ch. The employers denied liability for permanent total disability benefits, arguing that the seafarer had finished his employment contract without any medical issue. When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter. (28a), Section 28. The order in which the individual witness may be examined is as follows; (c) Re-direct examination by the proponent; (d) Re-cross-examination by the opponent. What are the instances of disputable presumption? Parties or assignor of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. adjective . In common law and civil law, a rebuttable presumption (in Latin, praesumptio iuris tantum) is an assumption made by a court that is taken to be true unless someone proves otherwise. The opinion of a witness on a matter requiring special knowledge, skill, experience or training which he shown to posses, may be received in evidence. Confession. A conclusive presumption is a presumption that is so strong, that no evidence will be allowed to rebut or overcome it. The presumption of innocence continues until the prosecution can prove the commission of a crime beyond a reasonable doubt. When part of transaction, writing or record given in evidence, the remainder, the remainder admissible. All presumptions can be characterized as rebuttable. In other words, a presumption is a rule that allows a court to assume a fact is true unless there is evidence to prove otherwise. Documentary evidence. (35) A printed and published book purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published contains correct reports of such cases. Colorado argues that an Act that provides sufficient process to compensate a defendant for the loss of her liberty must suffice to compensate a defendant for the lesser deprivation of money. (6a). In this case, the Court heard the combined lawsuits of two petitioners: Shannon Nelson and Louis Madden. If no. (3) The good or bad moral character of the offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged. (1) Section 2. Classes of Documents. Survivorship for those who died due to calamity, wreck. For example, in some states, when a couple is married and the wife gives birth, the presumption that the husband is the child's father is a conclusive presumption, regardless of how much evidence there is to the contrary. 3. California Workers' Compensation Act Creates Disputable Presumption Related to COVID-19. End of preview. Section 2. The party producing a document as genuine which has been altered and appears to have been altered after its execution, in a part material to the question in dispute, must account for the alteration. 72, L. 1983; amd. Dr. Concepcion gave testimony on the cause of death of Mario Magdato and the injuries he had sustained. Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents. Proc. What attestation of copy must state. The defendant, of course, also has the opportunity to provide evidence of his innocence at trial, but he does not have to prove his innocence. . Such offer shall be done orally unless allowed by the court to be done in writing. Said the Court: Colorados scheme creates an unacceptable risk of the erroneous deprivation of defendants property. Browse the use examples 'disputable presumption' in the great English corpus. Ang disputable presumption diay kay e assume gani nga mao nana ang tinuod nga nahitabo, tungod kay walay saktong evidence or proof, kay naa may disputable man meaning pwede siya, e contradict tungods sa contrary proof, so kung wala ang contrary proof ma prevail gyud ang. Admission by privies. (2a), Section 8. Notice and service. Barbers argues that disputable or prima facie presumptions are not new; they have long been extant in our statutes and in our [] (22) An endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill. TimesMojo is a social question-and-answer website where you can get all the answers to your questions. A fact assumed to be true under the law is called a presumption. Entries in official records. (22). Offer of compromise not admissible. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party. What is an example of presumption of law? The founder and CEO hears a rumor that several of, Randi owns a small business with 10 employees. Continue with Recommended Cookies. If both were above the age sixty, the younger is deemed to have survived; 3. On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or otherwise improper. Without a trial, anyone could make up a charge against an individual and throw him in prison indefinitely. Section 2. Evidence of good character of witness. (8) A thing delivered by one to another belonged to the latter. Other procedures cited by Coloradothe need for probable cause to support criminal charges, the jury-trial right, and the States burden to prove guilt beyond a reasonable doubtdo not address the risk faced by a defendant whose conviction has been overturned that she will not recover funds taken from her based solely on a conviction no longer valid. Britannica Dictionary definition of DISPUTABLE. In the same vein, everyone is to believe the defendant can also testify at his own trial, unless someone can show evidence to the contrary. For example: The presumption of a child being that of the husband arises only after it is proven: that the parents were validly married and the child was born thereafter. However, a party may present evidence to modify, explain or add to the terms of written agreement if he puts in issue in his pleading: (a) An intrinsic ambiguity, mistake or imperfection in the written agreement; (b) The failure of the written agreement to express the true intent and agreement of the parties thereto; (c) The validity of the written agreement; or. For example, a child below the age of criminal responsibility is presumed to be incapable of . If there is valid publication, the law becomes effective and no one can interpose the defense of ignorance. The appellants invoke in their brief the presumption of law established in paragraph 5 of section 334 of the Code of Civil Procedure. Admissibility of evidence. 26-1-602. The declaration of a dying person, made under, the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. When it becomes reasonably apparent in the course of the examination of a witness that the question being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his continuing objection to such class of questions. - Disputable presumptions are not substitutes for factual findings to secure a. Section 20. Proceedings to be recorded. Objection to evidence offered orally must be made immediately after the offer is made. Impeachment of adverse party's witness. Proc. The purpose is to contradict the opposed partys evidence. Estoppel in Pais. If an appeal has been taken from a judgment of the Regional Trial Court or before the taking of an appeal if the time therefor has not expired, the Regional Trial Court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court. A recent example of the practical implications of the Presumption of Death Act 2013 has come with a decision in the estate of Norman Reginald Johnson. Experts and interpreters to be used in explaining certain writings. The State has identified no equitable considerations favoring its position, nor indicated any way in which the Exoneration Act embodies such considerations., Rebuttable Presumption and Conclusive Presumption, Presumption Example Involving an Invalid Conviction. Examples: a child born of a husband and wife living together is presumed to be the, natural child of the husband unless there is conclusive proof it is not; a person who has, the presumption could be rebutted if he/she is found alive, In other words, a presumption is a rule that allows a court to assume a fact is true unless there. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. After three months, A paid 5000 to Mr.B as payment for the principal amount borrowed. (33a), Section 40. Related Interests. Preponderance of evidence, how determined. This rule will be transposed to Part 1 of the Rules of Court on Deposition and Discovery. What is the doctrine of Processual presumption? . (26a), Section 26. A witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of his adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand. Order of examination. The opinion of a witness for which proper basis is given, may be received in evidence regarding . (44a), Section 51. The question that the U.S. Supreme Court had to answer in this case was: did the Colorado Supreme Courts decision violate the Due Process Clause of the Constitution? However, it is the right of a witness: (1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; (2) Not to be detained longer than the interests of justice require; (3) Not to be examined except only as to matters pertinent to the issue; (4) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or, (5) Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact from which the fact in issue would be presumed. There were no eyewitnesses to the killing of the victim, Mario Magdato. (15), Section 18. (32a), Section 32. A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory and knew that the same was correctly written or recorded; but in such case the writing or record must be produced and may be inspected by the adverse party, who may, if he chooses, cross examine the witness upon it, and may read it in evidence. . 1. (12) A person is the owner of property if the person exercises acts of ownership over it or there is common reputation of the person's ownership. Sample 1. Common reputation. (36) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed the property to the particular person. Documentary and object evidence shall be offered after the presentation of a party's testimonial evidence. Statements made by a person while a starting occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of res gestae. Examination to be done in open court. Sec. Section 3. When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. Entries in the course of business. What is the meaning of conclusive presumptions? In case of disappearance, where there is a danger of death the circumstances hereinabove provided, an absence of only two years shall be sufficient for the purpose of contracting a subsequent marriage. "" in English: presumption of fact ", " in English: disputable presumption "" in English: de facto; factual; facty; matter-of-fa . (15). Answer: What are some examples of a rebuttable presumption? Person under danger of death in other circumstances and is missing for 4 years When does this arise? Evidence of the moral character of a party in civil case is admissible only when pertinent to the issue of character involved in the case. All other presumptions are "disputable presumptions" and may be controverted by other evidence. Juan signed, X was the disbursing officer of the Ternate Beach Project of the Philippine Tourism in Cavite. The one which leaps to mind is the "presumption of innocence" we attach to criminal defendants. Shirley, the widow, testified that her husband and their vehicle went missing on 12 November 2002. A conclusive presumption is also referred to as an absolute presumption or an irrebuttable presumption. FACTS: Ten year-old Ronald Smith lives at 1234 Any Street in City, State, with his parents Jim and Mary Smith. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . One year later, Mandy dies. How judicial record impeached. However, if the objection is based on two or more grounds, a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon. A conclusive presumption, also known as an irrebuttable presumption, is a type of presumption used in several legal systems. (23) A writing is truly dated. The word "pedigree" includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these fast occurred, and the names of the relatives. For example, a child younger than seven is presumed to be incapable of committing a felony. (21a), Section 21. In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromised by the accused may be received in evidence as an implied admission of guilt. 2. In civil cases, the party having burden of proof must establish his case by a preponderance of evidence. . Only when charged of an offense 2. permitted to falsify it. Disputable presumptions. A disputable presumption may be overcome by a preponderance of evidence contrary to the presumption. 2022 - 2023 Times Mojo - All Rights Reserved Claim of ownership Art. Conclusive presumptions. 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What questions can you NOT ask to witnesses? Party may not impeach his own witness. Evidence defined. (18) All matters within an issue were laid before the jury and passed upon by them, and in like manner, all matters within a submission to arbitration were laid before the arbitrators and passed upon by them. Colorado has no interest in withholding from Nelson and Madden money to which the State currently has zero claim of right. In fact, every presumption is rebuttable unless someone comes forward with evidence to the contrary. Section 36. Witnesses; their qualifications. Mr. A borrowed the amount of 5000 from Mr.B with the interest rate of 5% per month. For example, a child younger than seven is presumed to be incapable of committing a felony. An example of presumption specifically, the presumption of innocence occurred in the matter of Nelson v. Colorado, which the U.S. Supreme Court heard in 2017. (34a), Section 41. 41, Ch. Of Two constructions, which preferred. ***There is a presumption that the interests has been paid if on the face of the receipt that the creditor issued to the obligor that the principal has been paid without reservation with respect to the interest. The following are of that kind: (1) A person is innocent of crime or wrong. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. 1. , He opened it to confirm his presumption regarding Sarahs hair. Evidence defined. The presumption cannot be rebutted or contradicted by evidence to the contrary. (ee) That a thing once proved to exist continues as long as is usual with things of the nature; (gg) That a printed or published book, purporting to be printed or published by public authority, was so printed or published; (hh) That a printed or published book, purporting contain reports of cases adjudged in tribunals of the country where the book is published, contains correct reports of such cases; (ii) That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest; (jj) That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules: 1. The act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration. - in some circumstances a presumption can be made without proof. (b) By evidence of the genuineness of the signature or handwriting of the maker. A Rule of Law .If certain facts are established, a judge or jury must assume another fact that the law recognizes as a logical conclusion from the proof that has been introduced. The application of disputable presumption found in Section 3 (j), Rule 131 of the Rules of Court, that a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and doer of the whole act, in this case the alleged carnapping and the homicide/murder of its owner, is limited to cases where such possession is either unexplained or that the proffered . He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or was otherwise properly or innocent made, or that the alteration did not change the meaning or language of the instrument. (37a), Section 44. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of a petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition.

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