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 10
... claims as equitable , and give them relief ? It may be a sufficient answer to say that such is not the prayer of their bill . The bill sets forth the agreement with Parkinson , whereby the latter under- took took to build upon the ...
... claims as equitable , and give them relief ? It may be a sufficient answer to say that such is not the prayer of their bill . The bill sets forth the agreement with Parkinson , whereby the latter under- took took to build upon the ...
Page 38
... claim , and he is therefore fixed with implied notice of all the circumstances which attend it . But the same presumption does not apply to corporators , because , having no immediate personal interest in the application of the profits ...
... claim , and he is therefore fixed with implied notice of all the circumstances which attend it . But the same presumption does not apply to corporators , because , having no immediate personal interest in the application of the profits ...
Page 40
... claims made upon them , it was their bounden duty , before they put in their answer , to have caused every deed ... claim of these last - named Defendants upon the income of the charity cannot well be considered until the extent of ...
... claims made upon them , it was their bounden duty , before they put in their answer , to have caused every deed ... claim of these last - named Defendants upon the income of the charity cannot well be considered until the extent of ...
Page 44
... claim of the children than in the present case , yet it was there held that the children of such children of B. as died in the testator's lifetime and were also all dead at the date of the will , took nothing under this bequest . There ...
... claim of the children than in the present case , yet it was there held that the children of such children of B. as died in the testator's lifetime and were also all dead at the date of the will , took nothing under this bequest . There ...
Page 69
... claiming interests under the will . in the lifetime tator : Held , that the le- gacies to these children did that their next not lapse , but of kin took by of the tes- substitution at the death of the testator . The same testator gave ...
... claiming interests under the will . in the lifetime tator : Held , that the le- gacies to these children did that their next not lapse , but of kin took by of the tes- substitution at the death of the testator . The same testator gave ...
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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 costs 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 settlement settlor shew solicitor statute statute of distributions suit surviving survivor tenant testator's testatrix Thomas Pearce Thomas Plumer tion trust twenty-one widow wife William words
Popular passages
Page 222 - ... an act, made in the first year of the reign of king William and queen Mary, intituled, An Act for exempting their Majesties...
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 534 - 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 359 - Court as the Lord Chancellor, with the advice and assistance of the Master of the Rolls and ViceChancellor, or one of them, shall by any general order or orders direct...
Page 361 - ... before replication, unless the Court shall be satisfied by affidavit that the draft of the intended amendments has been settled, approved, and signed by counsel, and that such amendments are not intended to be made for the purpose of delay or vexation, but because the same are considered to be material to the case of the plaintiff...
Page 502 - ... sealed, and delivered in the presence of and " attested by two or more credible witnesses, or by her
Page 782 - 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 855 - 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 222 - Catholic religion in respect to their schools, places for religious worship, education, and charitable purposes in Great Britain, and the property held therewith, and the persons employed in or about the same, shall in respect thereof be subject to the same laws rs the Protestant Dissenters are subject to in England in respect to their schools and places for religious worship, education, and charitable purposes, and not further or otherwise.
Page 795 - ... to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations...