Reports of Cases Argued and Determined in the High Court of Chancery: From the Year 1789 to 1817, Bind 1;Bind 25S. Sweet and Stevens and Sons, 1827 |
Almindelige termer og sætninger
admitted affidavits afterwards agreement annuity answer applied appointment assignment Attorney bankrupt bill bond charge circumstances claim codicil colliery considered costs Countess of SHREWSBURY Court Court of Equity covenant creditors daughter death debts decree deed Defendant devise directed dispose Ellison entitled equity executed executors executrix expence farther Finch fraud fund Gallini gave give given ground heir at law husband intention interest land lease legacy legatees Lord Chamberlain Lord CHANCELLOR Lord Hardwicke Lord Northington Mansfield marriage Master ment Mitford moiety mortgage ne exeat paid parol evidence parties patent personal estate petition petitioner Plaintiff plea possession purchase question received refused remainder rents and profits residuary residue settlement shew Solicitor statute statute of Frauds sufficient Suppose tenant testator's thing Thomas Lockyer three witnesses Tilly Kettle tion transaction trustees VIII whole wife words XVIII
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Side 443 - the time, whereof the memory of man is not to the contrary, have and of right ought " to have common of pasture for their horses, sheep, and other cattle in a certain waste
Side 17 - ... any goods or chattels, or personal estate, shall be repealed, nor shall any clause, devise or bequest therein, be altered or changed by any words, or will by word of mouth only, except the same be in the life of the testator committed to writing, and after the writing thereof read unto the testator, and allowed by him, and proved to be so done by three witnesses at the least.
Side 138 - Mawlmj (c) was a devise to testator's son and his issue lawfully begotten, or to be begotten, to be divided among them as he should...
Side 364 - to induce the court to interfere, there must be something more than an error of judgment, such as corruption in the arbitrator, or gross mistake, either apparent on the face of the award, or to be made out by evidence: but in case of mistake, it must be made out to the satisfaction of the arbitrator, and that if it had not happened, he should have made a different award." Courts should be careful to avoid a wrong use of the word "mistake," and, by making it synonymous with mere error of judgment,...
Side 361 - Suppose he had given a real estate in the manner you specify, it is clear that it will neither depend upon the caprice of the trustee to sell, for that would be contrary to all common sense, nor upon his dilatoriness ; in some way it may be sold immediately ; but I should not inquire, when a real estate might have been sold with all possible diligence ; for it might be the very next day, or that very evening ; and 1878 Kirkpatrick v.
Side 491 - ... intelligible and clear. The testator's acknowledgment of his former will, considered as his will at the execution of the codicil, if not directly expressed in that instrument, must be implied from the nature of the instrument itself ; as by the nature of it it supposes a former will, refers to it, and becomes part of it ; and, being attested by three witnesses, his implied declaration and acknowledgment seems also to be attested by three.
Side 11 - Holt there said, he thought, the witnesses should attest the signing ; but that was an obiter dictum. To strengthen the authorities I have already mentioned, I shall take notice of the cases, which allow the witnesses to subscribe at different times ; and I think, they support the admission of the declaration in question ; since the testator is not supposed to run over his name before every witness ; but having signed before one, to acknowledge it only before the rest. In Cook v. Parsons, Prec. Ch....
Side 275 - ... payments by and to, and all contracts and other dealings and transactions by and with any bankrupt...
Side 42 - I have always thought it settled, that, from the moment in which a woman takes personal property to her sole and separate use, from the same moment she has the sole and separate right to dispose of it It is incident to dispose of the savings out of her personal estate.
Side 130 - Society, and the legal beneficiaries of the trust, and entitled to the rents, profits and estate of and in said property, and were " expected to sue the complainant for the recovery of their supposed rights." The prayer of the bill was for an account of the rents and profits of the trust estate received by the Trustees of the German Evangelical Concordia Church and for the payment into court of the amount found due from them; that the Trustees of the two church societies mentioned in the bill might...