Irish Chancery Reports, 4. köideHodges and Smith, 1856 |
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Page 1
... rule with respect to precatory words in a will is , that there must be a com- plete withdrawal of discretionary power from the legatees , or there is no trust created . Held also , that the testator intended the sum of £ 4000 to be ...
... rule with respect to precatory words in a will is , that there must be a com- plete withdrawal of discretionary power from the legatees , or there is no trust created . Held also , that the testator intended the sum of £ 4000 to be ...
Page 8
... rules which have been laid down as guides to discover the intention of a testator . The doctrine for which the Counsel for Mr. Flood contends has of late years not met much favour from the Bench , and in Green v . Marsden ( a ) , which ...
... rules which have been laid down as guides to discover the intention of a testator . The doctrine for which the Counsel for Mr. Flood contends has of late years not met much favour from the Bench , and in Green v . Marsden ( a ) , which ...
Page 9
... rule in such cases has been frequently n entioned in terms often apparently varying from , though always substantially identical with , those employed in one of the first cases , Malim v . Keighly ( b ) , where the Master of the Rolls ...
... rule in such cases has been frequently n entioned in terms often apparently varying from , though always substantially identical with , those employed in one of the first cases , Malim v . Keighly ( b ) , where the Master of the Rolls ...
Page 10
... rule as to the necessity for ascertaining the persons and the property to which the precatory words refer , he says : - : - " It may be very safe in general to say that where there is uncertainty in the subject - matter , or as to the ...
... rule as to the necessity for ascertaining the persons and the property to which the precatory words refer , he says : - : - " It may be very safe in general to say that where there is uncertainty in the subject - matter , or as to the ...
Page 11
... rule in clear and explicit language , and to reduce it to a short point - namely , that there must be a complete withdrawal of discretionary power from the legatee , or there is no trust created . That rule I shall now proceed to apply ...
... rule in clear and explicit language , and to reduce it to a short point - namely , that there must be a complete withdrawal of discretionary power from the legatee , or there is no trust created . That rule I shall now proceed to apply ...
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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.