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 6
... Mr. Pepys and Mr Crombie , for the motion . It is an established principle that a ne exeat will not be granted except for an equitable debt actually due ; King v . Smith ( a ) , Ex parte King 6 CASES IN CHANCERY . 1833. ...
... Mr. Pepys and Mr Crombie , for the motion . It is an established principle that a ne exeat will not be granted except for an equitable debt actually due ; King v . Smith ( a ) , Ex parte King 6 CASES IN CHANCERY . 1833. ...
Page 9
... principle being that where the main object is strictly of equit- able cognisance , the Court will not give the remedy by piecemeal , but will itself deal with the whole subject- matter of the suit . All the cases referred to on the ...
... principle being that where the main object is strictly of equit- able cognisance , the Court will not give the remedy by piecemeal , but will itself deal with the whole subject- matter of the suit . All the cases referred to on the ...
Page 17
... principle as Slade v . Milner ( a ) , Hinckley v . Simmons ( b ) , Ommaney v . Bevan ( c ) , Galland v . Leonard ( d ) , Hervey v . M'Laughlin ( e ) and Doe v . Sparrow . ( g ) If the testator had meant to restrict his nieces to a mere ...
... principle as Slade v . Milner ( a ) , Hinckley v . Simmons ( b ) , Ommaney v . Bevan ( c ) , Galland v . Leonard ( d ) , Hervey v . M'Laughlin ( e ) and Doe v . Sparrow . ( g ) If the testator had meant to restrict his nieces to a mere ...
Page 20
... principle . The Courts have adopted certain rules of construction , and have given a certain sense to par- ticular expressions . There can be no question that a bequest to any person , and in case of his death to an- other , is an ...
... principle . The Courts have adopted certain rules of construction , and have given a certain sense to par- ticular expressions . There can be no question that a bequest to any person , and in case of his death to an- other , is an ...
Page 25
... principle ; but though Cripps v . Wolcott were set aside , and the former rule of construction restored , that rule of construction would give no support to the judg- ment now under review . - - In the present case , no period can be ...
... principle ; but though Cripps v . Wolcott were set aside , and the former rule of construction restored , that rule of construction would give no support to the judg- ment now under review . - - In the present case , no period can be ...
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Common terms and phrases
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.