A Treatise on the Law of Executors and Administrators, 1–2. köideV. & R. Stevens and G. S. Norton, 1856 - 2013 pages |
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Page 110
... defendant , Camilla Rancer , hath taken the benefit of the bequest in her favour by the mutual Will , and hath proved it as such ; she hath thereby certainly confirmed it ; and therefore I am of opinion , the last Will of the wife so ...
... defendant , Camilla Rancer , hath taken the benefit of the bequest in her favour by the mutual Will , and hath proved it as such ; she hath thereby certainly confirmed it ; and therefore I am of opinion , the last Will of the wife so ...
Page 227
... defendant executor de son tort , notwithstanding his wife ( the daughter of the deceased ) proved the Will after the action was commenced , and she and her husband were acting together , and were in the house before the death of the ...
... defendant executor de son tort , notwithstanding his wife ( the daughter of the deceased ) proved the Will after the action was commenced , and she and her husband were acting together , and were in the house before the death of the ...
Page 230
... defendant for pay- ment ; whereupon in compliance with his request , the defendant , after the death of Joseph , for and in respect of the debt so remaining due to the plaintiff as aforesaid , and for no other consideration whatever ...
... defendant for pay- ment ; whereupon in compliance with his request , the defendant , after the death of Joseph , for and in respect of the debt so remaining due to the plaintiff as aforesaid , and for no other consideration whatever ...
Page 232
... defendant acted as executor , but did not take out probate till sixteen years after the testator's death , the Lord Chancellor ( Eldon ) allowed a plea of the Statute of Li- mitations ; because he might have been sued as executor de son ...
... defendant acted as executor , but did not take out probate till sixteen years after the testator's death , the Lord Chancellor ( Eldon ) allowed a plea of the Statute of Li- mitations ; because he might have been sued as executor de son ...
Page 233
... defendant have so much , but if not , then out of the defendant's own goods ( z ) . However , though an executor de son tort cannot by his own wrongful act acquire any benefit , yet he is protected in all acts not for his own benefit ...
... defendant have so much , but if not , then out of the defendant's own goods ( z ) . However , though an executor de son tort cannot by his own wrongful act acquire any benefit , yet he is protected in all acts not for his own benefit ...
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Common terms and phrases
14th edition adminis afterwards annexed annuity appear appointed assets assigns attested Baron and Feme Beav Bishop bona notabilia bond chattels choses in action cited codicil Court of Chancery Court of Equity covenant coverture creditor Curt cutor death debts deceased declared decree devise died diocese Ecclesiastical Court effect emblements enacted entitled equity executed executor or administrator feme feme covert freehold Godolph granted Hagg heir held husband Ibid interest intestate Jenner Fust judgment land lease legacy letters of administration lifetime marriage ment Notes of Cas paid party payment personal estate Phillim plaintiff possession Prerogative Court probate proved rent respect revocation revoked Salk Saund Sir John Nicholl Spiritual Court stat Statute of Frauds Swinb temp tenant testament testamentary testator testator's thereof tion trator trust vested Vict Wentw wife wife's witnesses
Popular passages
Page 705 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 705 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 76 - And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter 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 ; 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 the presence of the testator,...
Page xviii - ... shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will.
Page xiv - And be it further enacted, that every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, customary heir, executor, or administrator, or the person entitled as his or her next of kin, under the Statute of Distributions).
Page 460 - And if it shall hereafter appear, That any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said court, making request to have it allowed and approved accordingly, if the said...
Page xvii - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail or of a preceding gift, being without any implication arising from...
Page 308 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 460 - CD, deceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of him the said A. B., or into the hands and possession of any other person...
Page 111 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.