Cancelling of Deeds and Wills.

Cancelling of Deeds and Wills. The word cancel comes from the Lat. cancelli (lattice-work), and a deed was formerly said to be cancelled when lines were drawn over it in the form of lattice-work. The word cancel is now used to signify any sort of obliteration, as where a banker cancels a paid cheque. The common forms of cancellation known to the law are the cancellation of an English deed by striking out the signatures and tearing off the seal, and the cancellation of a will in England or Scotland by striking out the signatures or the whole contents. In the case of writings for valuable consideration little difficulty occurs, for where parties mean to annul the obligation, the cancelled writing will be generally given to the former debtor. The Chancery Division of the High Court of Justice has always exercised a jurisdiction for the cancelling of contracts and settlements which are void or voidable, especially on some ground of constructive fraud against public policy—e.g. a marriage settlement on which marriage has not followed; also in cases where a purchaser after time given refuses to pay the price of land bought. In testamentary matters, as the cancelled writing remains in the repositories, it is sometimes difficult to know whether the intention really was to revoke or destroy. The English Wills Act presumes against revocation, except in cases of actual burning and tearing. The Scottish law would generally take the cancellation of a signature as conclusive, but such cases depend on circumstances. Difficult questions have arisen under the Joint Stock Companies Act as to cancellation of shares and the effect of that on the liability of a contributory. See Snell's Principles of Equity, and Buckley on the Companies Act.