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Reading

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

See Influence. 1. A deed should be read whenever any party to it desires it. It he can, he should read it himself; if he is blind, or illiterate, another should read it to him. If it is read falsely, it will be void.^ ■ If a party who can read will not read a deed placed before him for execution, or if, being unable to read, he will not demand to have it read or explained to him, he is guilty of supine negligence, which is not the subject of protection, in equity or in law.^* If a party who can read and write signs a contract without reading the contents, he will be bound by the contract, in the absence of fraud or coercion in procuring his signature.* It is no defense that the defendant was misled as to the contents and effect of the writing, unless it also appears that by reason of some disability he was incapable of reading and comprehending the writing for himself, or that he was imposed upon by some fraudulent device, as, the substitution of one writing for another.* If an applicant for life insm-ance is required to answer questions relating to material facts in writing, and to subscribe his name' thereto, it is his duty to read the answers beforehand, and it will be presumed that he read them.* It is not necessary for a devisee to prove that the will was read to the testator in the presence of the witnesses. In general, this is to be presumed; but if the testator was blind, or incapable of reading, or if a I'easonable ground be laid for believing that it was not read to him, or that there was fraud in the transaction,— it is necessary for the 'devisee to satisfy the 1 34 La. An. 94, 117. 2 2 Bl. Com. 304. 2 Greenfield's Estate, 14 Pa. 496 (1850), (Jibson, C. J.; Pennsylvania R. Co. v. Shay, 82 id. 203 (1876); Pacific Guano Co. v. Anglin, 82 Ala. 496 (1887). * Illinois Central R. Co. v. Jonte, 13 Bradw. 430 (1883). ' Taylor v. Fleckenstein, 80 F, B. 100 (1887), cases; 17 Alb. taw' J. 7-10 (1883)

Irish Law Times. jury that the will was so read, or that the contents were known to the testator. ^ 2. In ancient pleading, see Oyer. B£AL.^ 1. Actual; neither nominal nor formal: as, a real party. See Party, 2. 2. Concerning laud; relating to one's interest, ownership or title in land; landed. Opposed to personal.^ As, real or a real — action, asset, chattel, contract, covenant, estate, privilege, property, representative, security, qq. v. Realty. Real estate, real property, q. v. REAIiIZiE. To receive money or value. An owner of land who agrees to pay a percentage in the event of his realizing a specified sum of money for the land, becomes bound to pay the percentage the moment a responsible person in good faith offers that Amount for the land.^ See Broker.