Principle of Incorporation

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..... incorporation by reference was evolved so as to avoid unnecessary repetition of the same documents again and again in different parts of the original document. For invoking the said principle, a document must be in existence. It cannot be brought into existence later on. The executor of a document must know what the other document which he intends to incorporate in the Will contains. This aspect .....

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..... nd the two propositions which were laid down as the tests of the case in which a document under those circumstances could be looked at were these: first, that it must be clearly identified by the description given of it in the will; and secondly, that it must be shown to have been in existence at the time when the will was executed. [See also Theobald on Wills, Sixteenth Edition, pages 59-61] In .....

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..... 38 LJP & M I; Durham v. Northen [1895] P 66; Re Smart [1902] P 238. Certainty and identification is the very essence of incorporation: Croker v. Marquess of Hertford (1844) 4 Moo PCC 339 at 366, per Dr. Lushington.] The onus of proving the identity of the document and its existence at the date of the will lies upon the party seeking to establish it [Singleton v. Tomlinson], but the court will draw .....

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