Reports of Cases Argued and Determined in the High Court of Chancery, from the Year MDCCLXXXIX to MDCCCXVII, with a Digested Index, 3. köideC.C. Little and J. Brown, 1844 |
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Results 1-5 of 100
Page 37
... contract ; but it never can entitle a plaintiff to call upon a Court of Equity to execute , in his favor , a written agreement , with an addition , or variation , introduced by parol testimony . See , ante , notes 1 and 3 to Calverly v ...
... contract ; but it never can entitle a plaintiff to call upon a Court of Equity to execute , in his favor , a written agreement , with an addition , or variation , introduced by parol testimony . See , ante , notes 1 and 3 to Calverly v ...
Page 38
... Contract . For the distinction between enforcing and resisting a specific performance upon parol evidence of a variation from the written contract , see Rich v . Jack- [ * 39 ] son , 4 Bro . C. C. 514 ; post , vol . vi . 334 , n ...
... Contract . For the distinction between enforcing and resisting a specific performance upon parol evidence of a variation from the written contract , see Rich v . Jack- [ * 39 ] son , 4 Bro . C. C. 514 ; post , vol . vi . 334 , n ...
Page 42
... contracts the rule that lan- guage is to be taken most strongly against the party using it ( verba ambigua fortius ... contract without adopting either the rule of a rigid or of an indulgent construction . 2 Kent , Com . 556 ( 5th ed ...
... contracts the rule that lan- guage is to be taken most strongly against the party using it ( verba ambigua fortius ... contract without adopting either the rule of a rigid or of an indulgent construction . 2 Kent , Com . 556 ( 5th ed ...
Page 54
... contract , without considering the relation of the parties , the decision could not have been what it was , upon the words of this settlement . HARTGA v . THE BANK OF ENGLAND . [ 1796 , Feb. 26. ] BANK stock specifically bequeathed to A ...
... contract , without considering the relation of the parties , the decision could not have been what it was , upon the words of this settlement . HARTGA v . THE BANK OF ENGLAND . [ 1796 , Feb. 26. ] BANK stock specifically bequeathed to A ...
Page 59
... contract . But he desires to have it under the conditions agreed The word " assigns " seems to have crept in here awkwardly . Mr. Whitbread never meant to be an assign to live there himself ; and the most liberal construction is , that ...
... contract . But he desires to have it under the conditions agreed The word " assigns " seems to have crept in here awkwardly . Mr. Whitbread never meant to be an assign to live there himself ; and the most liberal construction is , that ...
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Common terms and phrases
administrators aforesaid age of twenty-one agreement annuity apply appointed assigns Attorney Bank Annuities bill was filed bond charge child circumstances claim codicil conveyance copyhold Court of Equity covenant creditor daughter death debts decease declared decree deed Defendant demurrer devised directed dividends Duke Edward Mayne Elizabeth entitled executed executors farther feoffment fund give given Henry Hervey Aston husband intention interest issue male John Mitford lands lease leasehold estates legacy legatee Lois Andrew Lord CHANCELLOR LOUGHBOROUGH Lord Hardwicke Lord Thurlow maintenance marriage Mary Master mortgage opinion paid parties payable payment personal estate Plaintiff possession premises principal purchase question real estate received remainder rents and profits residue revoked RICHARD PEPPER ARDEN rule settlement Sir John Statute Statute of Frauds survivor tenant term testator's thereof Thomas tion trust vested wife Willenhall William words
Popular passages
Page 158 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) 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...
Page 553 - Britain, to be paid to the said [clerk of records and writs], his certain attorney, executors, administrators, or assigns. For which payment to be well and faithfully made, we bind ourselves, and each of us, our and each of our heirs, executors, and administrators, firmly by these presents, sealed with our seals.
Page 691 - ... to the use of Sir Jacob Gcrrard Doiening, for life, remainder to trustees to preserve contingent remainders, remainder to the use of his first and other sons successively...
Page 104 - I take it to be certain, also, that it is not enough for the testator to have charged his real estate with, or in any manner devoted it to the payment of his debts ; that the rule of construction is such as aims at finding, not that the real estate is charged, but that the personal estate is discharged.
Page 295 - These cases may be thus defined : where the object of a testator's bounty, or the subject of disposition (ie person or thing intended) is described in terms, which are applicable indifferently to more than one person or thing, evidence is admissible to prove which of the persons or things so described was intended by the testator.
Page 609 - Court to say, for there is no language in the will for it, that those legacies shall be payable at the end of a year from the death of the testator...
Page 445 - ... be presumed, in the absence of any intimation of a contrary intention, that the legacy was meant by the testator as a satisfaction of the debt...
Page 759 - Where a copyhold which had been surrendered to the use of a will was devised to A. and his heirs, in trust for B. and his heirs, upon the death of B.
Page 233 - The consequence would be, the assignees of the separate estate must file a bill to restrain the dividend upon all these proofs, and make the partners parties. But there is another circumstance ; it is a contrivance to throw this upon the separate estate ; for what hinders them from recovering at law this debt against the partnership, for it is money paid to one of the partners ? They have nothing to do but to bring an action against the partners. The affairs of the partnership may...
Page 40 - modern and more reasonable practice is, to give to the language its just sense, and to search for the precise meaning, and one requisite to give due and fair effect to the contract, without adopting either the rule of a rigid or of an indulgent construction.