Facsimile

An exact copy or accurate Imitation of an original instrument In England, where the construction of a will may be affected by the appearance of the original paper, the court will order the probate to pass in facsimile as it may possibly help to show the meaning of the testator; 1 Wms. Ex. (7th ed.) 331, 886, 666. See Pbobate. FACT ( La t /actum). An action; a thing done. A circumstance. Fact if actum, fait) stands in lawbooks tor: L An act; 2. For a completed and operative transaction brought about by sealing and executing a certain sort of writing, and so for the Instrument Itself, a deed (factum); S. As designating what exists, in contradistinction to wbat should exist (de facto as contrasted with de jure); 4. As Indicating things, events, actions, conditions, as happening, existing, really taking place. Thayer, Bvid, 190. Material facts are those which are essential to the right of action or defence. See Boggs & Leathe v. Ins. Co., 30 Mo. 68; Clark V. Ins. Co., 40 N. H. 338, 77 Am. Dec. 721. Immaterial facts are those which are not essential to the right of action or defence. Material facts must be shown to exist; immaterial facts need not As to what are questions of law for the court and of fact for the jury, see Wells, Law and Fact. As to pleading material facts, see Gould, PI. c. 3, 5 28. Facts constituting a cause of action are those facts which the evidence upon the trial will prove, and not the evidence which will be required to prove the existence of such facts. Clay County v. Simonsen, 1 Dak. 403, 46 N. W. 592. See Ram; Moore, Facts. FACTIO TESTAMENTI (Lat). In Civil Law. The power of making a will, including right and capacity. Also, the power of receiving under a will. Vicat, Voc. Jur.