The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, 115. köideFrederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead Sweet & Maxwell, limited, 1910 |
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Page 31
... tion in fee simple , viz . , the words " for ever , " which , being themselves a limitation of the estate in fee simple , show that the previous words ought to be read in the latter sense , as designatio persona only . In the absence of ...
... tion in fee simple , viz . , the words " for ever , " which , being themselves a limitation of the estate in fee simple , show that the previous words ought to be read in the latter sense , as designatio persona only . In the absence of ...
Page 42
... tion for the decree which has been pronounced . I entirely agree in the rule for the construction of wills laid down by my two noble and learned friends ( Lords CRANWORTH and WENSLEYDALE ) in the case of Grey v . Pearson ( 1 ) . This ...
... tion for the decree which has been pronounced . I entirely agree in the rule for the construction of wills laid down by my two noble and learned friends ( Lords CRANWORTH and WENSLEYDALE ) in the case of Grey v . Pearson ( 1 ) . This ...
Page 51
... tion , that intention is to be gathered , in my apprehension , from the whole of the instrument . It was very elaborately argued , that you can only look to what is called the proximate declaration of intention , that is , dealing with ...
... tion , that intention is to be gathered , in my apprehension , from the whole of the instrument . It was very elaborately argued , that you can only look to what is called the proximate declaration of intention , that is , dealing with ...
Page 52
... tion . It will not enable me to alter words ; but , having ascer- tained the intention , I then have to ask , whether I can or cannot so construe the words actually used as to carry out the intention . Now , I agree with my noble and ...
... tion . It will not enable me to alter words ; but , having ascer- tained the intention , I then have to ask , whether I can or cannot so construe the words actually used as to carry out the intention . Now , I agree with my noble and ...
Page 59
... tion . The Judges there expressly guarded themselves , by stating that they were deciding upon the whole context of the will ; therefore it is impossible to represent that case as one which was not governed by the ultimate remainder ...
... tion . The Judges there expressly guarded themselves , by stating that they were deciding upon the whole context of the will ; therefore it is impossible to represent that case as one which was not governed by the ultimate remainder ...
Contents
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Common terms and phrases
Act of Parliament action aforesaid alleged amount appears apply attorney authority Bank bill BRAMWELL Caddick cargo carriers cause charge claim clause construction contract court of equity Court of Exchequer covenant damage dants death debt declaration deed defendant delivered devise discharged domicile doubt Dresser duty Eastern Counties Railway eldest entitled evidence executors fact give glandered ground heirs Hoare Hoare & Co intention interest issue John Higgins judgment jury justice L. J. Ex land tax learned friend learned Judge legacies liable London Lord LORD CHANCELLOR Lord CRANWORTH Lordships marriage MARTIN matter meaning ment mortgage noble and learned Norrbom opinion owner paid parcel parish parties payment person plaintiff plea POLLOCK possession probate question reasonable received referred respect River river Wandle rule Scotland statute tenant testator thereof tion trustees verdict Vict Western Railway words writ
Popular passages
Page 611 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 591 - O'Brien and the several exhibits therein referred to it is ordered that Monday the 23rd day of April instant be given to His Majesty's Secretary of State for Home Affairs to show cause why a writ of Habeas Corpus should not issue directed to him to have the body of Art O'Brien immediately before this Court at the Royal Courts of Justice London to undergo and receive...
Page 827 - For if I am guilty of negligence in leaving any thing dangerous in a place where I know it to be extremely probable that some other person will unjustifiably set it in motion to the injury of a third, and if that injury should be so brought about, I presume that the sufferer might have redress by action against both or either of the two, but unquestionably against the first.
Page 611 - Act, either immediately or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation...
Page 439 - The learned judge directed a verdict to be entered for the defendant, reserving leave to the plaintiff to move to enter a verdict for him...
Page 611 - means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " 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...
Page 519 - The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case- and does not extend to a discovery of the manner in which the defendant's case is to be established, or to evidence which relates exclusively to his case.
Page 508 - Bench for a writ of habeas corpus, to bring up the body of William Baker, but that Court refused to grant the application.
Page 83 - I mean stock to remain in this country, to the United States of America, to found at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men.
Page 652 - The learned judge directed a verdict for the plaintiff, reserving leave to the defendant to move to enter a verdict for him.