Cancellation
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
in its general acceptation, is the act of crossing a writing; it is used sometimes to signify the manual operation of tearing or destroying the instrument itself.
Hyde v. Hyde, 1 Eq. Cas. Abr. 409; Rob. on Wills, 367, n.
Cancelling a will, animo revocandt, is a revocation of it, and it is unnecessary to show a complete destruction or obliteration.
2 B. & B. 650; 3 B. & A. 489; 2 BI.
R. 1043; 2 Nott & Mc Cord, 272; Whart. Dig. Mass. 462. thing, unless it be done animo revocandi, and evidence is admissible to show, quo antmo, the testator cancelled it. 7 Johns. 394; 2 Dall. 266; S. C. 2 Yeates, 170; 4 Serg. & Rawle, 297; cited 2 Dall. 267, n; 3 Hen. & Munf. 502; Rob. on Wills. 365; Lovel, 178; Toll. on Ex’rs, Index, h. t; 3 Stark. Ev. 1714; 1 Addams’s Rep. 52; 2 Eccl. Rep. 23. As to the effect of cancelling a deed, which has not been recorded, see 1 Addams’s Rep. 1; Palm. 403; Latch. 226; Gilb. Law Ev. 109, 110; 2 H. Bl. 263; 2 Johns. 87.