Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Brougham and Sir John Leach, Master of the Rolls, Volume 2Saunders and Benning, 1835 - Equity |
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Page 13
... clear , though the facts may be in dispute , the allegation of the debt on oath , or the swearing to belief of a balance due , may entitle the party to a writ , in order that he may hold the debtor to bail ; but that , where the equity ...
... clear , though the facts may be in dispute , the allegation of the debt on oath , or the swearing to belief of a balance due , may entitle the party to a writ , in order that he may hold the debtor to bail ; but that , where the equity ...
Page 14
... clear opinion of that most learned Judge to be against issuing the writ in circumstances much more favourable , and much more akin to the ordinary case , than those alleged upon the present occasion . - ( a ) 2 Mer . 472 . ( b ) 2 Dick ...
... clear opinion of that most learned Judge to be against issuing the writ in circumstances much more favourable , and much more akin to the ordinary case , than those alleged upon the present occasion . - ( a ) 2 Mer . 472 . ( b ) 2 Dick ...
Page 26
... clear to me that the other construction is the sound one . Having first provided for the legacy vesting when the legatee is of age , and secured it against the interference of others in the event of marriage , the testator provides for ...
... clear to me that the other construction is the sound one . Having first provided for the legacy vesting when the legatee is of age , and secured it against the interference of others in the event of marriage , the testator provides for ...
Page 28
... clear from the report ; and it is put upon this , and with approbation , by Sir W. Grant in Cambridge v . Rous ( a ) , where he comments upon Lord Thurlow's decision . So , too , in Nowlan v . Nelligan ( b ) , Lord Thurlow held it to be ...
... clear from the report ; and it is put upon this , and with approbation , by Sir W. Grant in Cambridge v . Rous ( a ) , where he comments upon Lord Thurlow's decision . So , too , in Nowlan v . Nelligan ( b ) , Lord Thurlow held it to be ...
Page 30
... clear he had no right to regard it . Then it must be remembered , that three years afterwards , the same learned Judge decided Hinckley v . Simmons ( a ) ac- cording to the current of authorities , and without any hesitation . That was ...
... clear he had no right to regard it . Then it must be remembered , that three years afterwards , the same learned Judge decided Hinckley v . Simmons ( a ) ac- cording to the current of authorities , and without any hesitation . That was ...
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agreement annuity answer appears applied appointment assigns benefit bequeathed bequest Bickersteth bill was filed cent charge charity child circumstances claim clause contrà contract copyhold court of equity covenant creditors daughter death debts decease decision decree deed Defendant devised directed effect Elmsley entitled execution executors fund gift give given ground heirs held husband Inclosure Act injunction intention interest issue John John Waters land lease leasehold leasehold estates legacies legatees LORD CHANCELLOR Lord Eldon Lord Thurlow marriage Master ment messuages mortgage motion object opinion paid party payment Pemberton personal estate Peter Elmsley Plaintiff possession present purchaser purpose question real estate reference rents and profits residuary residue respect ROLLS Russ Scott Waring settlement settlor shew solicitor statute statute of distributions suit surviving survivor tenant testator's testatrix Thomas Pearce Thomas Plumer trust twenty-one widow wife William words
Popular passages
Page 46 - A. married again between the date of the will and the death of the testator, and he was aware of her marriage: it was held, overruling the decision of Vice-Chancellor Wood, that A.
Page 530 - This tends to no mischief, and is a reasonable liberty to bestow ; but great detriment would arise, and much confusion of rights, if parties were allowed to invent new modes of holding, and enjoying real property, and to impress upon their lands and tenements a peculiar character, which should follow them into all hands, however remote.
Page 355 - ... publication, and all such other matters relating to the conduct of suits in the said Court as the Lord Chancellor, with the advice and assistance of the Master of the Rolls and Vice Chancellor, or one of them, shall by any general order or orders direct...
Page 791 - ... to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations...
Page 498 - ... sealed, and delivered in the presence of and " attested by two or more credible witnesses, or by her
Page 778 - And in case there be no children nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. VII. Provided, that there be no representations admitted among collaterals after brothers
Page 489 - That it seems to have been considered, in that case, that a communication, by the trustees, to creditors, of the fact of such a trust, would not defeat the power of revocation by the debtors.' It appears to me, however, that this doctrine is questionable ; because the creditors, being aware of such a trust, might be, thereby, induced to a forbearance in respect of their claims, which they would not otherwise have exercised.
Page 851 - Conn. 293, where a testator devised property in trust for a grandson, who was, at the date of the will and at the death of the testator...
Page 218 - ... an act, made in the first year of the reign of king William and queen Mary, intituled, An Act for exempting their Majesties' Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws...
Page 91 - ... such person or persons as she should, by her will, direct and appoint ; and in case his said mother should die without a will, then to such person or persons as would be entitled to the same by virtue of the Statute of Distributions.