Reports of Cases Argued and Determined in the Ecclesiastical Courts at Doctors' Commons, and in the High Court of Delegates: Michaelmas term, 1827-Trinity term, 1828, and some cases of an earlier date in the supplementW. Benning, 1829 - Ecclesiastical law |
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Common terms and phrases
1st Session 2nd Session 4th Session administration admitted adultery affidavit allegation appears appointed ARCHES COURT Astley attested attorney Beeby bequeathed brother BRYDGES By-Day capacity cause ceased charge circumstances Clopton codicil cohabitation condonation Consistory contrà costs Court of Arches cruelty Curiam D'Aguilar DEACLE death deceased deceased's declared decree deponent deposes died disposition EASTER TERM effect evidence execution executor facts Farley former fraud give GOUDE AND BENNET GRIGNION hand-writing Henry Wyatt HILARY TERM HOBY Huble husband INGRAM intention interrogatory intestacy James King John Clopton jurisdiction Lady legacy libel Lord Lord Portsmouth Lushington marriage Mary Medley MICHAELMAS TERM mind paper parish party person pleaded Portsmouth Prankard present probate proceedings Proctor proof propounded proved proxy resided residuary legatee respect revoked Richard Wyatt sentence Sir JOHN NICHOLL sister solicitor sufficient suit testamentary testator tion TRINITY TERM widow wife William witness Wyllie
Popular passages
Page 238 - Court shall award; and it shall not in any Indictment for such Offence be necessary to allege that the Article, in respect of which the Offence is committed, is the Property of any Person, or that the same is of any Value.
Page 238 - That if any Person shall, either during the Life of the Testator or Testatrix, or after his or her Death, steal, or for any fraudulent Purpose destroy or conceal, any Will, Codicil, or other Testamentary Instrument...
Page 60 - Prsecipe for Citation. In her Majesty's Court of Probate. Citation [or citation to see proceedings] for AB of against CD, in a matter of proving in solemn form of law the last will and testament with codicils of EF, late of in the county of, &c., deceased [or generally describing the nature of the suit].
Page 573 - must amount to force and coercion destroying free agency; it must not be the influence of affection or attachment; it must not be the mere desire of gratifying the wishes of another, for that would be a very strong ground in support of a testamentary act; further, there must be proof that the act was obtained by this coercion ; by importunity which could not be resisted ; that it was done merely for the sake of peace, so that the motive was tantamount to force and fear.
Page 352 - ... gone through without exposure and detection; but here a mixture of both, by no means uncommon, is set up — considerable natural weakness, growing at length, from being left to itself and uncontrolled, into practices so irrational and unnatural as in some instances to be bordering...
Page 335 - His brother, Sir George, was at the same time the president of the highest court of civil law, as dean of the Arches and judge of the Prerogative Court of Canterbury...
Page 61 - In respect to the latter, trifling variances have been deemed fatal ; but as to the former, a more liberal rule has been adopted. In setting forth the material parts of a deed or other written instruments, it is not necessary to do it in letters and words. It will be sufficient to state the substance and legal effect. Whatever, however, is alleged, should be truly alleged. A contract substantially different in description or effect, would not support the averment of the declaration. In the case at...
Page 190 - Reed, as the reputed father thereof, by or on behalf of the churchwardens and overseers of the poor of the said parish...
Page 364 - Lordship's part to this marriage. A marriage so had wants the essential ingredient to render the contract valid — the consent of a free and rational agent. The marriage itself and the circumstances immediately connected with it do not tend to establish restored sanity; it was neither "a rational act," nor was it " rationally done" — the whole " sounds to folly" and negatives sanity of mind.
Page 789 - A man, it is true, who has forgiven adultery, cannot bring a suit; but when he complains of his wife, will her forgiveness of his previous misconduct make him a proper person to receive the sentence of the Court? If both are equally guilty, will her condonation make him...