Disputed Handwriting eBook

This eBook from the Gutenberg Project consists of approximately 226 pages of information about Disputed Handwriting.

Disputed Handwriting eBook

This eBook from the Gutenberg Project consists of approximately 226 pages of information about Disputed Handwriting.
and Interlineations—­What to Apply to the Suspected Document—­The Alcohol Test Absolute—­How to Tell which of Crossing Ink Lines were Made First—­Ink and Pencil Alterations and Erasures—­Treating Paper to Determine Erasures, Alterations and Additions—­Appearance of Paper Treated as Directed—­Paper That Does Not Reveal Tampering—­How Removal of Characters From a Paper is Effected—­Easy Means of Detecting Erasures—­Washing With Chemical Reagents—­Restoration of Original Marks—­What Erasure on Paper Exhibits—­Erasure in Parchments—­Identifying Typewritten Matter—­Immaterial Alterations—­Altering Words in an Instrument—­Alterations and Additions Are Immaterial When Interests of Parties Are Not Changed or Affected—­Erasure of Words in an Instrument.

Erasure or erazuer, as it is more commonly called in England, from the Latin word “scrape or shave” is the scraping or shaving of a deed, note, signature, amount or of any formal writing.  In England, except in the case of a will, the presumption, in the absence of rebutting testimony, is that the erasure was made at or before the execution thereof.  If an alteration or erasure has been made in any instrument subsequent to its execution, that fact ought to be mentioned (in the abstract or epitome of the evidence of ownership) together with the circumstances under which it is done.

A fraudulent alteration, if made by the person himself, taking under it would vitiate his interest altogether.  It was formerly considered that an alteration, erasure or interlineation would void the instrument entirely, even in those cases where it was made by a stranger; but the law is now otherwise, as it is clearly settled that no alterations made by a stranger will prevent the contents of an instrument from retaining its original effect and operation, where it can be plainly shown what that effect and operation actually was.  To accomplish this the mutilated instrument may be given in evidence as far as its contents appear and evidence will be admitted to show what portions have been altered or erased, and also the words contained in such altered or erased parts; but if, for want of such evidence or any deficiency or uncertainty arising out of it the original contents of the instruments cannot be ascertained, then the old rule would become applicable or more correctly speaking, the mutilated instrument would become void for uncertainty.  If a will contains any alterations or erasures, the attention of the witnesses ought to be directed to the particular parts in which such alterations occur, and they ought to place their initials in the margin opposite, before the will is executed, etc., notice this having been done by a memorandum added to the attestation clause at the end of the will.

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Disputed Handwriting from Project Gutenberg. Public domain.