American Law Magazine, 4. köideRothman., 1845 |
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Page 29
... actual intention decisive of the effect of a devise . The testator is not supposed to have in view tech- nical rules , and the inquiry relates to the actual intention , which must be the same in regard to the whole mass of property ...
... actual intention decisive of the effect of a devise . The testator is not supposed to have in view tech- nical rules , and the inquiry relates to the actual intention , which must be the same in regard to the whole mass of property ...
Page 33
... actual seizin and possession of the devisor , was devisable under the New York statute of wills . In M'Clung v . Silliman , it was said by M'Lean j . , that the acts of limitation of the several states form a rule of decision in the ...
... actual seizin and possession of the devisor , was devisable under the New York statute of wills . In M'Clung v . Silliman , it was said by M'Lean j . , that the acts of limitation of the several states form a rule of decision in the ...
Page 42
... actual intention is shown to be otherwise , it is decisive . Mr. justice Story , after laying down certain rules upon the subject of the operation of foreign law , says , that there are certain general rules of interpretation recognised ...
... actual intention is shown to be otherwise , it is decisive . Mr. justice Story , after laying down certain rules upon the subject of the operation of foreign law , says , that there are certain general rules of interpretation recognised ...
Page 44
... actual intention , where it is consistent with the general principles of law . The local law in this case supported the intention , and did not , as in Jackson v . Chew , subvert it . In another case , in the construction of a will ...
... actual intention , where it is consistent with the general principles of law . The local law in this case supported the intention , and did not , as in Jackson v . Chew , subvert it . In another case , in the construction of a will ...
Page 48
... actual conflict between acknowledged and existing laws , but the conflict is in the interpretation merely . The English courts , though they might recognise the law of the domicil , would not consider themselves bound by a false ...
... actual conflict between acknowledged and existing laws , but the conflict is in the interpretation merely . The English courts , though they might recognise the law of the domicil , would not consider themselves bound by a false ...
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Common terms and phrases
action application assignment assignor assumpsit authority Bank bill bridge chancellor Charles river bridge charter claim common law constitution construction contract conveyance corporation Counsellor at Law court of chancery court of equity creditor crime debt debtor decision declared deed defendant devise doctrine duty effect England entitled evidence execution exercise fee simple foreign franchise fraud give grant heirs Held indictment individual injunction intention interest issue judge judgment judicial jurisdiction jury land legislative legislature levying liable lien limits lord ment ministers mortgage North Carolina notice offence opinion paid party payment person subrogated plaintiff plea possession principles privilege proceeding promissory note provision punishment purchase question reason received road rule Smedes Smedes & Marshall statute statute of frauds suit supreme court surety testator tion tribunals trust United usury Watts & Serg Winyaw witness
Popular passages
Page 382 - ... provided that this act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in repleven may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part...
Page 210 - a corporation, created by and transacting business in a state, Is to be deemed an inhabitant of the state, capable of being treated as a citizen, for all purposes of suing and being sued, and an averment of the facts of its creation and the place of transacting business is sufficient to give the circuit court Jurisdiction.
Page 194 - ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question.
Page 198 - DEVISE.— To W. (a natural son of the testator's sister) for life, and after his decease to the heirs of his body in such shares and proportions as W. by deed, &c. shall appoint ; and for want of such appointment to the heirs of the body of W.
Page 462 - Hotel, and certain desks and tables therein, should constitute the Court for the Correction of Errors of the State of New York.* What else does this bill do ? It directs that there shall be certain vaults, and safes, and rooms.
Page 429 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor...
Page 181 - Not only are charities for the maintenance and relief of the poor, sick, and impotent, charities in the sense of the common law, but also donations given for the establishment of colleges, schools, and seminaries of learning, and especially such as are for the education of orphans...
Page 457 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which, with reference to these circumstances, they are capable.
Page 380 - ... or entry shall be sufficient evidence that such witness was examined in any subsequent proceeding in which the verdict or judgment shall be offered in evidence.
Page 312 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.