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... Irish Chancery Reports - Page 71856Full view - About this book
| Great Britain. Court of Chancery, Nicholas Simons - 1851 - 664 lehte
...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...however, to the party, to exercise his own discretion. That is the real question. I must look into the authorities before I decide this case ; but I will... | |
| Great Britain. Court of Chancery - 1851 - 984 lehte
...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...however, to the party, to exercise his own discretion. That is the real question. I must look into the authorities before I decide this case ; but I will... | |
| Great Britain. Court of Chancery, Henry Robert Vaughan Johnson, George Wirgman Hemming - 1860 - 834 lehte
...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...however, to the party to exercise his own discretion. That is the real question " (Jj). Pausing for an instant upon those words, which appear to me accurately... | |
| Thomas Nesbitt McCarter - 1865 - 616 lehte
...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...however, to the party to exercise his own discretion. The earlier English authorities, adopting the principles of the Roman law, establish the rule, that... | |
| Joseph Story - 1870 - 914 lehte
...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...however, to the party to exercise his own discretion." And it is here argued that the language of Lord Truro, in Briggs v. Penny,6 in saying that, in all... | |
| Richard Thomas Walkem - 1873 - 580 lehte
...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...however, to the party to exercise his own discretion" (d). 22. The requisites that precatory words may create a (a) Knott v. Cottee, 2 Ph. 192 ; (6) Eaton... | |
| Isaac Grant Thompson - 1880 - 886 lehte
...recommendation, expressed by the testator, in meant to govern the conduct of the party to whom it is addresssd, or whether it is merely an indication of that which...however, to the party to exercise his own discretion. Williams v. Williams, 1 Sim. (NS) 358; Bernard v. MumshuU, Johns. (Eng. Oh.) 276 ; Van Zhiyre v. Van... | |
| William Whitehead Ladd, Charles Fisk Beach (Jr.), Abraham Adolf Greenhoot - 1881 - 698 lehte
...the wish, or desire, or recommendation, expressed hy the testator, is meant to govern the conduct of the party to whom it is addressed, or whether it is...however, to the party to exercise his own discretion. Williams v. Williams, 1 Sim. NS 358 ; Bernard v. Mumshull, Johns. (Eng. Ch.) 276 ; Van Day re v. Van... | |
| Isaac Grant Thompson - 1882 - 962 lehte
...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...however to the party to exercise his own discretion." This rule is applied and illustrated in Bernard v. MinshuU, Johns. Ch. [Eng. | 276, and in Howarth... | |
| John Norton Pomeroy - 1882 - 844 lehte
...wish or desire or recommendation that is expressed by the testator ¡ч meant to govern the conduct of the party to whom it is addressed, or whether it is...discretion of the party, leaving it, however, to the party toexercise his own discretion.' " pa Mi Ir. Justice Danforth then cites Bernard v. Minshull, Johns.... | |
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