Irish Chancery Reports, 4. köideHodges and Smith, 1856 |
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... called within the Bar . On the 3rd of April 1855 , Serjeant CHRISTIAN resigned the Serjeantcy , and WALTER BERWICK , Esq . , Q. C. , was appointed Her Majesty's third Serjeant . CORRIGENDA . Page 39 , line 13 , for "
... called within the Bar . On the 3rd of April 1855 , Serjeant CHRISTIAN resigned the Serjeantcy , and WALTER BERWICK , Esq . , Q. C. , was appointed Her Majesty's third Serjeant . CORRIGENDA . Page 39 , line 13 , for "
Page 2
... called the Slaney Hall estate , to the trustees of his setlement , to secure the sum of £ 4000 , part of the said sum of £ 13,500 . " Frances Jessop was the only child of Sir Frederick Flood who lived to take any interest in the said ...
... called the Slaney Hall estate , to the trustees of his setlement , to secure the sum of £ 4000 , part of the said sum of £ 13,500 . " Frances Jessop was the only child of Sir Frederick Flood who lived to take any interest in the said ...
Page 23
... called the town and lands of Ballyhastie . It was contended that in this way the county in which the lands are situate was sufficiently shown for the purposes of the Registry Act . I do not think it necessary to decide how far that ...
... called the town and lands of Ballyhastie . It was contended that in this way the county in which the lands are situate was sufficiently shown for the purposes of the Registry Act . I do not think it necessary to decide how far that ...
Page 25
... called upon to execute them about the time they were made , they should be enforced , however difficult the construction . may be , even as against a purchaser with notice , but not after a lapse of time , where there is any thing so ...
... called upon to execute them about the time they were made , they should be enforced , however difficult the construction . may be , even as against a purchaser with notice , but not after a lapse of time , where there is any thing so ...
Page 30
... for redemption had not expired . The Court refused an in- junction against proceeding on the promissory note , except on the terms of lodging the amount of it in Court . condition that he should not be called on to pay 30 CHANCERY REPORTS .
... for redemption had not expired . The Court refused an in- junction against proceeding on the promissory note , except on the terms of lodging the amount of it in Court . condition that he should not be called on to pay 30 CHANCERY REPORTS .
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Common terms and phrases
affidavit amount annuity appears applied appointed Argument Arthur O'Connor assets ATTORNEY Attorney-General Baldwin moiety bearing date BELFAST CORPORA bequeathed Bernard moiety Borough Caldbeck cause petition Chancery charge claim codicil Commissioners Corporation costs Court of Chancery Court of Equity covenant creditors Darcy death debt declared decree decretal order deed devised Donegal Edward Edward Young entitled equity executed executor fee-farm filed fund grant Hassard Incumbered Estates Court indenture interest Jane John John Pearson Jonathan Tydd Abbott Kirwan lands lease Ledwich legacy LORD CHANCELLOR Lord Cottenham M'Kay Marquis marriage Master moiety mortgage motion Oranmore paid parties payable payment person petitioner plaintiff portion premises Privy Council provisions purchaser purposes question receiver reciting remainder renewal rents respect respondent reversion Rolls settlement Smith solicitor Statement statute suit Synge tenant term testator therein thereof Thomas Davies Thomas Wyse tion trust vested wife William
Popular passages
Page 263 - ... (as the case may be), including the day of the death of such person, or of the determination of his or her interest, all just allowances and deductions in respect of charges on such rents, annuities, pensions, dividends, moduses, compositions, and other payments being made...
Page 522 - That if any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner...
Page 8 - I conceive the rule of construction to be that words accompanying a gift or bequest expressive of confidence, or belief, or desire, or hope that a particular application will be made of such bequest, will be deemed to import a trust...
Page 7 - The real question in these cases, always is whether the wish or desire or recommendation that is expressed by the testator, is meant to govern the conduct of the party to whom it is addressed, or whether it is merely an indication of that which he thinks would be a reasonable exercise of the discretion of the party ; leaving it, however, to the party, to exercise his own discretion.
Page 111 - ... or the survivor of them, or the executors, administrators, or assigns of such survivor...
Page 31 - We speak familiarly of equitable set-off, as distinguished from the set-off at law ; but it will be found that this equitable set-off exists in cases where the party seeking the benefit of it can show some equitable ground for being protected against his adversary's demand.
Page 57 - The question before us is whether Spencer Hitch, Jr., mentioned in the said eleventh and last item of said will, took a life-estate or an estate in fee-simple under and by virtue of the said last will and testament of Spencer Hitch, Sr., deceased.
Page 250 - BO far as regards the application of the rents and profits to the maintenance of the wife and children ? It was admitted on all hands, that the parties to the deed did not contemplate a fraud ; but the transaction is in its very nature fraudulent. Though the parties had no fraud in view, the deeds themselves are fraudulent. If the tenant for life procured any person to advance money to him on the security of the property, in that event, and in that event only, was the instrument in question to have...
Page 157 - By accepting of a trust of this sort, a person is obliged to execute it with fidelity and reasonable diligence; and it is no excuse to say that they had no benefit from it, but that it was merely honorary * * * ; and therefore they are within the case of common trustees.
Page 7 - The point really to be decided in all these cases, is whether, looking at the whole context of the will, the testator has meant to impose an obligation, on his legatee, to carry his express wishes into effect, or whether, having expressed his wishes, he has meant to leave it to the legatee to act on them or not at his discretion.