Cardinal Rules of Legal InterpretationStevens, 1908 - 674 pages |
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Page xix
Edward Beal. PART VIII . - WILLS . Testator Inops Consilii Illiterate Testator Rules of Interpretation Artificial Rules Comity of Nations Testator's Domicil Mobilia sequuntur Personam Will containing Foreign Terms Will exercising a Power ...
Edward Beal. PART VIII . - WILLS . Testator Inops Consilii Illiterate Testator Rules of Interpretation Artificial Rules Comity of Nations Testator's Domicil Mobilia sequuntur Personam Will containing Foreign Terms Will exercising a Power ...
Page 73
... testator is speaking of and concern- ing all his affairs , and , therefore , evidence is admissible to show all that ... testator's affairs and family , and quite a different one when used with reference to the state of the other ...
... testator is speaking of and concern- ing all his affairs , and , therefore , evidence is admissible to show all that ... testator's affairs and family , and quite a different one when used with reference to the state of the other ...
Page 224
... testator himself . For example , a devise of Blackacre , which is subject to a mortgage , will be defeated if the mortgagee sells under his power of sale in the testator's lifetime , and the devisee will not take the surplus proceeds in ...
... testator himself . For example , a devise of Blackacre , which is subject to a mortgage , will be defeated if the mortgagee sells under his power of sale in the testator's lifetime , and the devisee will not take the surplus proceeds in ...
Page 230
... testator's will void for uncertainty really is that the testator was inops consilii , and it would be impossible for me to apply such a consideration as that to the legislature of this country . " - Manchester Ship Canal Co. v ...
... testator's will void for uncertainty really is that the testator was inops consilii , and it would be impossible for me to apply such a consideration as that to the legislature of this country . " - Manchester Ship Canal Co. v ...
Page 341
... testator who knows of an alteration in the law ( as this testator must be presumed to have done ) , and does not choose to alter his will , must be taken to mean that his will shall take effect according to the new law . " - Hasluck v ...
... testator who knows of an alteration in the law ( as this testator must be presumed to have done ) , and does not choose to alter his will , must be taken to mean that his will shall take effect according to the new law . " - Hasluck v ...
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Common terms and phrases
Act of Parliament agreement alteration ambiguous appears applied ascertain Att.-Gen authority Beav binding Bing bound Brett canon of construction circumstances cited clause clear Coke common law considered construed according contrary Court of Appeal covenant decision deed delivering the judgment document domicil doubt Dublin mean duty Earl of Halsbury enactment English express foreign grammatical H. L. Cas implied inconsistent intention interpretation Jessel judges Judicial jurisdiction jury justice L. J. Ch L. J. Ex laid language legislation legislature lex fori Lindley Lord Alverstone Lord Blackburn Lord Esher Lord Halsbury Lord Tenterden matter maxim meaning ment operation ordinary parol particular parties passed persons preamble primâ facie principle provisions purpose question Rail reason recital reference regard remedy repeal repugnant rule of construction rule of law sense statute subject-matter taken technical thing tion true unless usage Vict words written instruments
Popular passages
Page 486 - Comity,' in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.
Page 628 - An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.
Page 506 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 179 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 635 - ... affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed...
Page 603 - ... unless a contrary Intention shall appear by the Will, by reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description...
Page 59 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Page 604 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 420 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 609 - And by sect 21. it is enacted, " that " no obliteration, interlineation, or other " alteration made in any will after the " execution thereof shall be valid or " have any effect, except so far as the " words or effect of the will before such " alteration shall not be apparent...