Precedents and Forms in Conveyancing, 3. köide,1. osaW. Maxwell, 1873 |
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Common terms and phrases
23 Vict Act of Parliament after-acquired property alienation annuity apply authorised bankruptcy Beav benefit cestuis que trust charge cited consent contingent copyholds Court of Chancery covenant coverture daughter death deed default of appointment direction East India stock eldest enactment entitled equity estate tail exercise favour forfeiture frame heirs held income intended interest issue jointure L. J. Ch land lease leaseholds Leonards limited Lord Cottenham Lord Eldon Lord St marriage marriage settlement married woman ment mortgage object operation payment personal estate portions possession power of appointment power of sale power to invest principle provision purchase question real estate real securities receipt reference remainder remainderman rent rule rule against perpetuities separate estate settlor share shifting clause statute Sugd tenant in tail testator's tion trust fund trustees ubi supra ultimate trust vested
Popular passages
Page 145 - Any covenant or contract made in consideration of marriage, for the future settlement on or for the settlor's wife or children of any money or property wherein he had not at the date of his marriage any estate or interest, whether vested or contingent in possession or remainder...
Page 688 - I take the law of this Court to be well settled that in order to render a voluntary settlement valid and effectual, the settlor must have done everything which, according to the nature of the property comprised in the settlement, was necessary to be done in order to transfer the property and render the settlement binding upon himself.
Page 527 - First, every such lease shall be made to take effect in possession at or within one year next after the making thereof...
Page 589 - Ireland, if it shall deem it proper and consistent with a due regard for the interests of all parties entitled under the settlement...
Page 256 - ... nor for any banker, broker or other person with whom any trust moneys or securities may be deposited; nor for the insufficiency or deficiency of any...
Page 689 - The cases I think go further to this extent, that if the settlement is intended to be effectuated by one of the modes to which I have referred, the Court will not give effect to it by applying another of those modes. If it is intended to take effect by transfer, the Court will not hold the intended transfer to operate as a declaration of trust, for then every imperfect instrument would be made effectual by being converted into a perfect trust.
Page 257 - ... or property so acquired by her through the exercise of any literary, artistic, or scientific skill, and all investments of such wages, earnings, money, or property, shall be deemed and taken to be property held and settled to her separate use, independent of any husband to whom she may be married, and her receipts alone shall be a good discharge for such wages, earnings, money, and property.
Page 229 - ... shall effectually discharge the person paying the same from seeing to the application or being answerable for the misapplication thereof, unless the contrary is expressly declared by the instrument creating the trust or security.
Page 532 - ... the settlement, and so as to operate (if necessary) by way of revocation and appointment of the use, or otherwise, as the court shall direct, 10.
Page 94 - ... intestate, go as the same would have gone if her husband had been then dead ; Provided that if any such wife should again cohabit with her husband, all such property as she may be entitled to when such cohabitation shall take place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.