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 14
... shew the 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 ) ...
... shew the 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 ) ...
Page 19
... shew that there is no positive rule , and that the whole instrument must be closely looked to in order to ascertain ... shews he can describe the contingency of a dying under age in apt terms , when he is minded so to do ; and hence an ...
... shew that there is no positive rule , and that the whole instrument must be closely looked to in order to ascertain ... shews he can describe the contingency of a dying under age in apt terms , when he is minded so to do ; and hence an ...
Page 26
... shew . In doing so I have no occasion to refer to more cases than I have already cited in support of the construction which I put upon the clause . I may add , however , to the judgments of Sir W. Grant , already referred to , the case ...
... shew . In doing so I have no occasion to refer to more cases than I have already cited in support of the construction which I put upon the clause . I may add , however , to the judgments of Sir W. Grant , already referred to , the case ...
Page 27
... shews how this case differs from others which have been sometimes supposed to throw doubt upon the doc- trine . The ... shew that these , in reality , stand in no kind of conflict with the others , with the exception , perhaps , of the ...
... shews how this case differs from others which have been sometimes supposed to throw doubt upon the doc- trine . The ... shew that these , in reality , stand in no kind of conflict with the others , with the exception , perhaps , of the ...
Page 29
... shew- ing that such predecease could not have been in her contemplation , when she framed the legacy to Lady Douglas ; and when his Lordship came to give his second judgment upon the rehearing , he dwelt upon another circumstance which ...
... shew- ing that such predecease could not have been in her contemplation , when she framed the legacy to Lady Douglas ; and when his Lordship came to give his second judgment upon the rehearing , he dwelt upon another circumstance which ...
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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...