Irish Chancery Reports, 4. köideHodges and Smith, 1856 |
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Page 1
... trust in favour of S. The 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 ...
... trust in favour of S. The 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 ...
Page 2
... trust , after the decease of John Flood and Sir Frederick Flood , to distribute the same amongst the children of the then intended marriage of Sir Frederick Flood and Frances Cavendish , as Sir Frederick Flood should by deed or will ...
... trust , after the decease of John Flood and Sir Frederick Flood , to distribute the same amongst the children of the then intended marriage of Sir Frederick Flood and Frances Cavendish , as Sir Frederick Flood should by deed or will ...
Page 6
... trust so created was , for the reasons in the report given , only binding on the said Frances Jessop to the amount of £ 16,000 late currency , and that she had fully executed and performed the trust created by the will of the said Sir ...
... trust so created was , for the reasons in the report given , only binding on the said Frances Jessop to the amount of £ 16,000 late currency , and that she had fully executed and performed the trust created by the will of the said Sir ...
Page 7
... trust is created in favour of Mr. Frederick Solly Flood , in respect of certain portions of the property bequeathed to Mrs. Jessop ? The Master has decided in favour of this pro- position , as to the sum of £ 16,000 . In the exception ...
... trust is created in favour of Mr. Frederick Solly Flood , in respect of certain portions of the property bequeathed to Mrs. Jessop ? The Master has decided in favour of this pro- position , as to the sum of £ 16,000 . In the exception ...
Page 8
... trust , or whether her proceedings emanated totally from her own mind and inclinations , has , since the death of ... trust , whether or not this trust is actually performed by Mrs. Jessop , so as to preclude any further claim by Mr ...
... trust , or whether her proceedings emanated totally from her own mind and inclinations , has , since the death of ... trust , whether or not this trust is actually performed by Mrs. Jessop , so as to preclude any further claim by Mr ...
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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.