The English Reports: Chancery (including collateral reports) (1557-1865), Volume 29W. Green, 1903 - Law reports, digests, etc |
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Page 43
... rule of the civil law affecting this subject ; and undoubtedly the decisions of that court ought to have weight in this court . That rule appears from Swinburne to be , that where it is clear that the intention of the testator was ...
... rule of the civil law affecting this subject ; and undoubtedly the decisions of that court ought to have weight in this court . That rule appears from Swinburne to be , that where it is clear that the intention of the testator was ...
Page 63
... rule , and has been recognized by Lord Talbot and Lord Hardwicke . It is , that where a debt is bequeathed , and is afterwards ex- tinguished by the act , or concurrence , of the testator , as , by demand or suit , the legacy is adeemed ...
... rule , and has been recognized by Lord Talbot and Lord Hardwicke . It is , that where a debt is bequeathed , and is afterwards ex- tinguished by the act , or concurrence , of the testator , as , by demand or suit , the legacy is adeemed ...
Page 67
... rule , as laid down in that case , and adhered to in subsequent ones , remains the same as at law ; and there is no authority in this Court to contradict it for where one executor takes the money but of his own authority , his companion ...
... rule , as laid down in that case , and adhered to in subsequent ones , remains the same as at law ; and there is no authority in this Court to contradict it for where one executor takes the money but of his own authority , his companion ...
Page 78
... rule , that the testator meant to throw the whole burthen upon the first taker for life , instead of giving him a proportional bounty with the other takers of the estate ; I conceive , therefore , the rule cannot be , that the first ...
... rule , that the testator meant to throw the whole burthen upon the first taker for life , instead of giving him a proportional bounty with the other takers of the estate ; I conceive , therefore , the rule cannot be , that the first ...
Page 79
... rule early adopted as the measure of that value , that the estate for life should be valued as one third , the inheritance at two thirds , although it has been since treated as obsolete . That rule was only a medium to obtain justice ...
... rule early adopted as the measure of that value , that the estate for life should be valued as one third , the inheritance at two thirds , although it has been since treated as obsolete . That rule was only a medium to obtain justice ...
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Common terms and phrases
afterwards agreement annuities answer applied appointed assigns bill bond charged Charlotte Boyle Walsingham child cited codicil condition consent contended contract conveyance copyhold Court court of equity covenant creditors daughter death debts decease declared decree deed defendant devised died Elizabeth entitled equity execution executors father filed fraud freehold Freke fund gave gift give given heir at law Henry Richardson husband injunction intention interest issue John judgment lands lease leasehold estates legacy life-time Lincoln's Inn Hall Lord Chancellor Thurlow Lord Eldon Lord Hardwicke Lord Thurlow Mackreth Mansfield marriage Master mortgage paid party Paul Downton payment personal estate plaintiff plea possession premises purchase question real estate remainder rents and profits residue respect rule seised settlement shew Sir Brian Broughton statute tenant term testator's thereof Thomas trustees twenty-one Vern Vide wife William William Hutcheson words
Popular passages
Page 157 - Graves, for life ; remainder to his first and other sons in tail male ; remainder to the first and other sons of the testator's daughter, Anna Maria Hearle, in tail male ; remainder to his own right heirs.
Page 415 - Yorkshire, a verdict, by consent, was found for the plaintiff, subject to the opinion of the court on a special case...
Page 451 - ... of the testator ; but it is perfectly clear, that where the fund is given to one for life, and after the death of that person to several others, and in case of their deaths, to their representatives, there is no reason to presume an intention that it shall not lapse by the death of the legatee in the life of the testator.
Page 528 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife for life, remainder to...
Page 521 - Forbes (three of the defendants), and the survivors and survivor of them, and the executors and administrators of such survivor, upon trust...
Page 364 - ... that where any tenant for life shall happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements, or hereditaments, which...
Page 161 - Master's office, it was ordered, that it should be referred to the Master to take an account of the personal estate of the testator...
Page 114 - use of the said Juttendromohun Tagore for and during the term of " his natural life ; and from and after the determination of that
Page 431 - House, and other settled estates, and for the residue to be laid out in the purchase of lands, to be settled to the same uses as the lands already settled are.
Page 120 - Davison, lawfully begotten, and of the heirs male of the body of such first son lawfully issuing ; and, for default of such issue, to the use of the second, third, fourth, and all and every other the son and sons of the said Morton John Davison, lawfully to be begotten, severally, successively, and in remainder...