A Selection of Leading Cases in Equity: With Notes, 1. köideT. & J.W. Johnson & Company, 1859 |
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Page 51
... parties apply here , because the children are looked upon as purchasers . But in a will it is otherwise ; they take through the bounty of the testator , and in such words as he gives it . It was further insisted for the plaintiffs ...
... parties apply here , because the children are looked upon as purchasers . But in a will it is otherwise ; they take through the bounty of the testator , and in such words as he gives it . It was further insisted for the plaintiffs ...
Page 52
... parties , and lets it prevail against the rules of law . In marriage settlements it was never doubted but that this Court would carry any words into strict settlement , if the intent of the parties was such ; and so held in the case of ...
... parties , and lets it prevail against the rules of law . In marriage settlements it was never doubted but that this Court would carry any words into strict settlement , if the intent of the parties was such ; and so held in the case of ...
Page 56
... parties ' intent prevailed against the doctrine now insisted on . But it is said , the word issue is always a word of limitation . In that of Sweetapple v . Bindon , the words did of themselves carry an estate tail , and there was no ...
... parties ' intent prevailed against the doctrine now insisted on . But it is said , the word issue is always a word of limitation . In that of Sweetapple v . Bindon , the words did of themselves carry an estate tail , and there was no ...
Page 62
... parties may fairly be presumed à priori from the nature of the transaction ; in executory trusts in wills , it must be gathered from the words of the will alone . Lord Eldon seems to have denied this distinction in Countess of Lincoln v ...
... parties may fairly be presumed à priori from the nature of the transaction ; in executory trusts in wills , it must be gathered from the words of the will alone . Lord Eldon seems to have denied this distinction in Countess of Lincoln v ...
Page 63
... parties , decree a settlement to be made upon the husband or wife for life only , with remainder to the issue of the marriage in tail , as purchasers . Thus , in Trevor v . Trevor , ( 1 Eq . Ca. Abr . 387 ; S. C. , 1 P. Wms . 622 , ) A ...
... parties , decree a settlement to be made upon the husband or wife for life only , with remainder to the issue of the marriage in tail , as purchasers . Thus , in Trevor v . Trevor , ( 1 Eq . Ca. Abr . 387 ; S. C. , 1 P. Wms . 622 , ) A ...
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Common terms and phrases
agreed agreement annuity appears applied appointment arise assignment authority Beav benefit bill bond bound Chancery charge circumstances claim consideration considered contract conveyance Court court of equity creditors death debts decided decision decree deed defendant devised directed doctrine doubt effect election entitled equity evidence execution executor express father favor fraud fund give given granted ground heirs held husband intention interest issue judgment laid land lease legacies liable lien Lord marriage married ment mortgage nature notice observed opinion paid parties partnership payment performance personal estate plaintiff possession present principle provision purchase question real estate reason remainder respect rule seems sell separate settled settlement sold specific statute sufficient surety taken tenant tion transaction trust unless waste whole wife
Popular passages
Page 291 - It shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in presence of the testator, but no form of attestation shall be necessary.
Page 650 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 636 - ... the heir or devisee to whom such land or hereditaments shall descend or be devised shall not be. entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of such person, but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person...
Page 779 - SEWKLL] gave his opinion ; he observed that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted ; and this in whatever manner the direction is given...
Page 527 - ... an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of, after such desertion, against her husband or his creditors, or any person claiming under him...
Page 259 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser; whether in one name or several; whether jointly or successive, — results to the man who advances the purchase money.
Page 85 - This may seem hard, that the trustee is the only person of all mankind who might not have the lease ; but it is very proper that rule should be strictly pursued and not in the least relaxed...
Page 139 - ... of contract, but even by means of securities entered into without the knowledge of the surety, having a right to have those securities transferred to him, though there was no stipulation for that, and to avail himself of all those securities against the debtor.
Page 154 - It is only in cases where the person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect.
Page 636 - ... charged with the payment of any sum or sums of money by way of mortgage, and such person shall not by his will or deed or other document, have signified any contrary or other intention, the heir or devisee to whom such...