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according action actual agreed alleged allowed amount appears applied assignment attachment authority bill cause charge cited claim common condition consideration considered construction contended contract conveyed conviction corporation Court creditors dated debt decease deed defendant delivered demand devise effect entered entitled equity established evidence execution executor facts further give given granted ground Hadley half heirs held intent interest issue John joint judge judgment jury labor land liable limited Luther Mass mortgage necessary notice objection officer operation opinion original owner paid parties pass payment Pick plaintiff plea possession premises present principle proved punishment purchase question real estate reason received record recover reference respect rule share statute sufficient suit taken tenant term tion town trial trustees verdict vessel whole witness writ
Page 557 - Hopkins, which is to give some encouragement in those foreign plantations for the breeding up of hopeful youths in a way of learning, both at the grammar school and college, for the public service of the country in future times.
Page 564 - I give to my four sons all the remainder of my estate, both real and personal, to be equally divided between them, share and share alike.
Page 48 - ... by virtue of a contract or agreement expressed or implied with the owner thereof or his agents, shall have a lien to secure the payment of the same upon such house, mill, manufactory, building or appurtenance, and the lot of land upon which the same shall stand.
Page 196 - Clarke, in the trial of an appeal from a decree of the judge of probate for the County of Middlesex, sustaining the will of a man who had recently died in one of the towns in that county.
Page 251 - It is a rule in Equity that a gift of real or personal estate, either inter vivos or by will, to promote 'education is a charity. It is also considered as a settled rule that such a gift to a charitable use is to receive a most liberal construction; and if the Trustees pervert the fund to other uses, or even if they refuse to accept or execute the trusts, the charity itself shall not fail, nor will the property revert to the donor.
Page 183 - This suggests another course of inquiry; that is, how far the maxim is applicable to this case, ' that the domicil of the wife follows that of the husband.' Can this maxim be true, in its application to this subject, where the wife claims to act, and by law, to a certain extent, and in certain cases, is allowed to act, adversely to her husband ? It would oust the Court of its jurisdiction, in all cases where the husband should change his domicil to another State before the suit is instituted. It...
Page 282 - Leonard. the guardian would be extremely unpleasant, and it would be almost impossible to. execute the trust. In every action he might be obliged to go before the jury upon the question of sanity, and one jury might find one way, and another another. We are of opinion, that as to most subjects, the decree of the probate court, so long as the guardianship continues, is conclusive evidence of the disability of the ward ; but that it is not conclusive in regard to all. For example, the ward, if in fact...
Page 491 - All the mines belonging to him thereunder." could hardly be meant to refer to mines already open.] If possible, effect is to be given to all the words which are used. It is said that whatever words are sufficient to explain the intent of the parties — that the one shall divest himself of the possession, and the other come into it for a determinate time...