Reports of Cases Argued and Determined in the High Court of Chancery in Ireland: During the Time of Lord Redesdale ... From the Beginning of Easter Term, 1802, to [the Period of Lord Redesdale's Resignation of the Great Seal, 1807] ...I. Riley, 1808 - Equity |
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Page 10
... executor between the sons and daughters , grand - sons , and grand - daughters of testator's cousins Roger and Henry Pearson , share and share alike ; and the other moiety to his said executor for his own use , subject to make good the ...
... executor between the sons and daughters , grand - sons , and grand - daughters of testator's cousins Roger and Henry Pearson , share and share alike ; and the other moiety to his said executor for his own use , subject to make good the ...
Page 11
... executor shall have , that it may ap- pear whether there be any debts . But where a certain legacy is left payable at a day certain , it must be paid " with interest from that day . " And in Bilson v . Saun- ders , Select Cases in Chanc ...
... executor shall have , that it may ap- pear whether there be any debts . But where a certain legacy is left payable at a day certain , it must be paid " with interest from that day . " And in Bilson v . Saun- ders , Select Cases in Chanc ...
Page 12
... executor may pay the legacy within the twelve months , but is not compelled to do so : he is not to pay interest for any time within the twelve months , although during that time he may have received interest . But if he has assets he ...
... executor may pay the legacy within the twelve months , but is not compelled to do so : he is not to pay interest for any time within the twelve months , although during that time he may have received interest . But if he has assets he ...
Page 84
... executors obtained a renewal thereof in their own names , for the trusts of the will . This bill was filed by the only surviving issue of the first marriage , against the second wife , the children of the second marriage , and the execu ...
... executors obtained a renewal thereof in their own names , for the trusts of the will . This bill was filed by the only surviving issue of the first marriage , against the second wife , the children of the second marriage , and the execu ...
Page 85
... executors should be decreed a trust for the plaintiff as to said moiety . The question was , whe- ther the issue of the first marriage took this chattel interest as joint - tenants ( in which case the plaintiff would be entitled by ...
... executors should be decreed a trust for the plaintiff as to said moiety . The question was , whe- ther the issue of the first marriage took this chattel interest as joint - tenants ( in which case the plaintiff would be entitled by ...
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Common terms and phrases
ADAIR agreement answer appear assets assignment bankrupt benefit bill was filed Bond Brown BUSHELL Campbell cause Chamley charge Charles Crymble circumstances claim CLINAN considered contract conveyance court of equity court of Exchequer covenant coverture custodiam Daly death debts decree defendant discharge DUNSA DUNSANY effect entitled Exchequer executed executor Francis Shaw fraud fraudulent Giffard ground heir Hort husband incumbrances insisted interest issue Kennedy landlord lands Latouche lease legacies let the master Lord CHANCELLOR Lord Dunsany Lord HARDWICKE Lord THURLOW Lordship M'Geough marriage ment mortgage notice obtained paid parties payment personal estate plaintiff possession principle proceedings purchaser question registered deed registry remainder-man renewal rents and profits replevin Richard Bowles Samuel Hill settlement shew Sir Duke statute statute of frauds suit taken tenant thereof Thomas and Walter three lives tion trustee Walter Kennedy Warren wife writ
Popular passages
Page 36 - Now, it has always been considered that the payment of money is not to be deemed part performance to take a case out of the statute. Seagood v. Meale, Proc.Chan. 560, is the leading case on that subject; there a guinea was paid by way of earnest; and it was agreed clearly that that was of no consequence, in case of an agreement touching...
Page 200 - So, where a verdict has been obtained by fraud, or where a party has possessed himself improperly of something, by means of which he has an unconscientious advantage at law, which equity will either put out of the way, or restrain him from using. But without circumstances of that kind, I do not know that equity ever does interfere to grant a trial of a matter which has been already discussed in a court of law, a matter capable of being discussed there, and over which a court of law had full jurisdiction.
Page 35 - No person shall be charged with the execution of an agreement who has not, either by himself or his agent, signed a written agreement; but the statute does not say, that if a written agreement is signed, the same exception shall not hold to it that did before the statute. Now, before the statute, if a bill had been brought for specific performance, and it had appeared that the agreement had been prepared contrary to the intent of the defendant, he might have said, 'That is not the agreement meant...
Page 199 - The inattention of parties in a court of law can scarcely be made, a subject for the interference of a court of equity. There may be cases cognizable at law and also in equity, and of which cognizance cannot be effectually taken at law ; and therefore equity does sometimes interfere, as in cases of complicated accounts, where the party has not made a defense, because it was impossible for him to do it effectually at law.
Page 31 - ... is not only contrary to the statute of frauds and perjuries, but to the rule of common law before that statute was in being.
Page 24 - II, c 3) provides that no action shall be brought to charge any person "upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them...
Page 256 - If we advert to the cases on the subject, we shall find that trusts are enforced not only against those persons who are rightfully possessed of trust property as trustees, but also against all persons who come into possession of the property bound by the trust, with notice of the trust.
Page 421 - There are certain principles on which Courts of Equity act, which are very well settled. The cases which occur, are various ; but they are decided on fixed principles. Courts of Equity have, in this respect, no more discretionary power, than the Courts of Law.
Page 101 - It is true, the registry is considered as notice to a certain extent; no person thinks of purchasing an estate without searching the registry; and, if he searches, he has notice; but I think it cannot be notice to all intents, on account of the mischiefs that would arise from such a decision. For if it is to be taken as constructive notice, it must be taken as notice of every thing that is contained in the memorial; if a memorial contains a recital of another instrument, it is notice of that instrument...
Page 170 - There can be no doubt that the thing to be considered is, not the form of the process, but the cause of issuing it ; if the ground of the proceeding be a debt, it is a process of debt...