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 12
... doubts he had felt of its authority in Greenaway v . Adams , he refused to follow it a second time . The current of all the pre- vious authorities against it , to which Lord Eldon refers in Todd v . Gee , may therefore be considered as ...
... doubts he had felt of its authority in Greenaway v . Adams , he refused to follow it a second time . The current of all the pre- vious authorities against it , to which Lord Eldon refers in Todd v . Gee , may therefore be considered as ...
Page 13
... doubt , however specific his allegation of debt may be , he shall not , generally speaking , have his writ ; at least , I am not aware of a ne exeat having been issued under any such serious doubts of the equitable jurisdiction . -- But ...
... doubt , however specific his allegation of debt may be , he shall not , generally speaking , have his writ ; at least , I am not aware of a ne exeat having been issued under any such serious doubts of the equitable jurisdiction . -- But ...
Page 21
... doubt and suspense the nature of the interest bestowed , has here , as in other branches of the law , operated powerfully in the same direction . To cite the instances in which the fundamental position to which I have referred has been ...
... doubt and suspense the nature of the interest bestowed , has here , as in other branches of the law , operated powerfully in the same direction . To cite the instances in which the fundamental position to which I have referred has been ...
Page 24
... doubt that such would be the natural and obvious reading of the words in all these cases , if there were no general prin- ciples governing the legal presumption connected with the subject , and no authority of decided cases imposing a ...
... doubt that such would be the natural and obvious reading of the words in all these cases , if there were no general prin- ciples governing the legal presumption connected with the subject , and no authority of decided cases imposing a ...
Page 27
... doubt upon the doc- trine . The same difference , it may be observed , exists in a stronger degree in the present case . But it may be fit that we should advert to those cases which have sometimes been supposed to proceed upon a ...
... doubt upon the doc- trine . The same difference , it may be observed , exists in a stronger degree in the present case . But it may be fit that we should advert to those cases which have sometimes been supposed to proceed upon a ...
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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 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...