Reports of Cases Argued and Determined in the High Court of Chancery, from the Year MDCCLXXXIX to MDCCCXVII, with a Digested Index, 3. köide
C.C. Little and J. Brown, 1844
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according administrators admitted agreement annuity answer appears apply appointed assigns Attorney authority Bank benefit bill bond cause charged child circumstances claim clear codicil consideration considered contract Court covenant creditors dated daughter death debts decease decree deed Defendant devised died directed doubt Duke effect entitled Equity evidence executed executors express farther fund gave give given grant ground heirs held husband intention interest issue John lands lease legacy limitation living Lord Lord CHANCELLOR maintenance marriage Mary Master mean mortgage nature never object opinion paid parties payment personal estate Plaintiff possession premises principal profits provision purchase question real estate received remainder rents respect rule settlement share specific Statute taken tenant term Thomas tion trust twenty-one vested whole wife
Page 158 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction...
Page 553 - Britain, to be paid to the said [clerk of records and writs], his certain attorney, executors, administrators, or assigns. For which payment to be well and faithfully made, we bind ourselves, and each of us, our and each of our heirs, executors, and administrators, firmly by these presents, sealed with our seals.
Page 691 - ... to the use of Sir Jacob Gcrrard Doiening, for life, remainder to trustees to preserve contingent remainders, remainder to the use of his first and other sons successively...
Page 104 - I take it to be certain, also, that it is not enough for the testator to have charged his real estate with, or in any manner devoted it to the payment of his debts ; that the rule of construction is such as aims at finding, not that the real estate is charged, but that the personal estate is discharged.
Page 295 - These cases may be thus defined : where the object of a testator's bounty, or the subject of disposition (ie person or thing intended) is described in terms, which are applicable indifferently to more than one person or thing, evidence is admissible to prove which of the persons or things so described was intended by the testator.
Page 609 - Court to say, for there is no language in the will for it, that those legacies shall be payable at the end of a year from the death of the testator...
Page 445 - ... be presumed, in the absence of any intimation of a contrary intention, that the legacy was meant by the testator as a satisfaction of the debt...
Page 759 - Where a copyhold which had been surrendered to the use of a will was devised to A. and his heirs, in trust for B. and his heirs, upon the death of B.
Page 233 - The consequence would be, the assignees of the separate estate must file a bill to restrain the dividend upon all these proofs, and make the partners parties. But there is another circumstance ; it is a contrivance to throw this upon the separate estate ; for what hinders them from recovering at law this debt against the partnership, for it is money paid to one of the partners ? They have nothing to do but to bring an action against the partners. The affairs of the partnership may...
Page 40 - modern and more reasonable practice is, to give to the language its just sense, and to search for the precise meaning, and one requisite to give due and fair effect to the contract, without adopting either the rule of a rigid or of an indulgent construction.