A Treatise on the Statute of Frauds: As it Regards Declarations in Trust, Contracts, Surrenders, Conveyances, and the Execution and Proof of Wills and Codicils. To which is Prefixed a Systematic Dissertation Upon the Admissibility of Parol and Extrinsic Evidence, to Explain and Controul Written Instruments |
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... express the three lives or thirty - one years , and proposals having been made by B , and accepted , an agreement was ex- ecuted between B and the agent of A , authorised nor can parol to contract for him for making a lease of the lands ...
... express the three lives or thirty - one years , and proposals having been made by B , and accepted , an agreement was ex- ecuted between B and the agent of A , authorised nor can parol to contract for him for making a lease of the lands ...
Page 4
... express confession of a debt , and that not of any debt , but of a debt arising from a loan , and the ground of the debt should be set forth . And by the same author it appears , that the true distinction , as to their force and ...
... express confession of a debt , and that not of any debt , but of a debt arising from a loan , and the ground of the debt should be set forth . And by the same author it appears , that the true distinction , as to their force and ...
Page 19
... express uncertainty , and suppose a plurality of individuals equally included within the terms of a gift intended for one only , and therefore present an ambiguity in the very face of the will . ( 8 ) If the ambiguity occurs in the ...
... express uncertainty , and suppose a plurality of individuals equally included within the terms of a gift intended for one only , and therefore present an ambiguity in the very face of the will . ( 8 ) If the ambiguity occurs in the ...
Page 32
... express an annual sum , yet that other parts of the will , and the context in general , furnished ground of argument , and a species of doubt , which ( y ) 1 Bro . 472 . * [ 33 ] warranted the admission of collateral evidence to explain ...
... express an annual sum , yet that other parts of the will , and the context in general , furnished ground of argument , and a species of doubt , which ( y ) 1 Bro . 472 . * [ 33 ] warranted the admission of collateral evidence to explain ...
Page 34
... express exclusion of her dower and thirds , and a further express provision for her had show that a testator de- been made by his will ) designed to include certain chattels belong - signed to in- ing to his wife , and not reduced into ...
... express exclusion of her dower and thirds , and a further express provision for her had show that a testator de- been made by his will ) designed to include certain chattels belong - signed to in- ing to his wife , and not reduced into ...
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A Treatise on the Statute of Frauds: As It Regards Declarations in Trust ... William Roberts, Sir No preview available - 2016 |
Common terms and phrases
according admission admitted aforesaid afterwards agreed agreement ambiguity appears attested bill charge chattels circumstances clause codicil collateral common law consideration considered contract conveyance copyhold courts of equity debt declared deed defendant delivery devise disposition distinction doctrine effect executed executor express extrinsic evidence freehold given granted ground held instrument intention interest judges lands lease legacy legatee lessee letters of administration Lord Chancellor Lord Hardwicke Lord Macclesfield Lord Mansfield Lord Thurlow Lordship marriage ment mortgage non-commissioned officer nuncupative observed officer of marines operation opinion parol evidence part-performance party pass payment performance perjuries personal estate petty officer plaintiff presence presumption proctor promise proof proved purchase question real estate rent respect rule seaman seems signed statute of frauds sufficient surrender tenant tenements term testamentary testator's thereof thing three witnesses tion trust tute unless void warrant or petty words writing written
Popular passages
Page 222 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 134 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 91 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 134 - ... or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 250 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest, of, in, to or out of any messuages, manors, &c. made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...
Page 316 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony ; such, for instance, as the general rules of inheritance; and of protection from personal injuries.
Page 134 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 250 - Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised.