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 |
From inside the book
Results 1-5 of 100
Page 9
... given by a parent , to an infant child , who is otherwise unprovided for ; for then , upon the presumed intention of the parent to fulfil his moral obligation to maintain his child , interest will be allowed from the death of the ...
... given by a parent , to an infant child , who is otherwise unprovided for ; for then , upon the presumed intention of the parent to fulfil his moral obligation to maintain his child , interest will be allowed from the death of the ...
Page 10
... given generally , it shall carry interest : but if an annual sum less than the interest is given for maintenance , the executor paying that shall have the rest , [ p . 17. ] THIS case arose upon the following clause in a will : " I give ...
... given generally , it shall carry interest : but if an annual sum less than the interest is given for maintenance , the executor paying that shall have the rest , [ p . 17. ] THIS case arose upon the following clause in a will : " I give ...
Page 11
... given over , and appears severed from the bulk of the estate , the residue being dis- posed of . In Churchill v . Speake , 1 Vern . 251 , it carried interest , though there had been no demand . af- Mr. Lloyd and Mr. Alexander , for the ...
... given over , and appears severed from the bulk of the estate , the residue being dis- posed of . In Churchill v . Speake , 1 Vern . 251 , it carried interest , though there had been no demand . af- Mr. Lloyd and Mr. Alexander , for the ...
Page 12
... given ; and the single question is , whether a legacy to be paid at a particular time , which by the rule of the Court is held to be debitum in præsenti solvendum in futuro ( 2 ) , and consequently a vested interest , is to carry ...
... given ; and the single question is , whether a legacy to be paid at a particular time , which by the rule of the Court is held to be debitum in præsenti solvendum in futuro ( 2 ) , and consequently a vested interest , is to carry ...
Page 15
... given to a grandchild , payable at twenty - one , with an allowance of 117. a year for maintenance till four years old , and 167. a year after- wards till twenty - one . Upon the death of the grand - child under twenty - one the ...
... given to a grandchild , payable at twenty - one , with an allowance of 117. a year for maintenance till four years old , and 167. a year after- wards till twenty - one . Upon the death of the grand - child under twenty - one the ...
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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.