Reports of Cases Argued and Determined in the High Court of Chancery: In the Time of Lord Chancellor Hardwicke [1736-1754], Volume 2J. Wenman, 1781 - Equity |
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Page 2
... queftion upon this will is , Whether thefe are fpeci- fick or general legacies ? Mr. Attorney general , counfel for the executrix , argued , that if there is a fufficient fund , the legatees are intitled to payment , and if not ...
... queftion upon this will is , Whether thefe are fpeci- fick or general legacies ? Mr. Attorney general , counfel for the executrix , argued , that if there is a fufficient fund , the legatees are intitled to payment , and if not ...
Page 12
... queftion ; upon taking all the circumstances of this cafe together , I am of opinion the contingency has not happened . 66 " That in cafe there fhould be no iffue male of the faid John Allen on the body of the faid Efther Stephenfon ...
... queftion ; upon taking all the circumstances of this cafe together , I am of opinion the contingency has not happened . 66 " That in cafe there fhould be no iffue male of the faid John Allen on the body of the faid Efther Stephenfon ...
Page 22
... queftion , is upon the decree that has been made upon the hearing of this caufe . And this is a very confiderable question , with regard to the authority of this court , and the execution of juftice in it . I fhall not give any ...
... queftion , is upon the decree that has been made upon the hearing of this caufe . And this is a very confiderable question , with regard to the authority of this court , and the execution of juftice in it . I fhall not give any ...
Page 33
... queftion will be , whether these perfons , viz . Hawkins's adminiftrators are proper parties to this fuit ? perfon who has It has been faid at the bar , that you may make any perfon a It is not a general defendant that you apprehend has ...
... queftion will be , whether these perfons , viz . Hawkins's adminiftrators are proper parties to this fuit ? perfon who has It has been faid at the bar , that you may make any perfon a It is not a general defendant that you apprehend has ...
Page 38
... queftion made in this caufe , and that is , what intereft the plaintiff has in the eftate at Kirby - hall . The word eftate I am of opinion the word flate is fufficient to pass not only in a will is fuifi- the land , but all the ...
... queftion made in this caufe , and that is , what intereft the plaintiff has in the eftate at Kirby - hall . The word eftate I am of opinion the word flate is fufficient to pass not only in a will is fuifi- the land , but all the ...
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Common terms and phrases
abfolute act of parliament ademption adminiftrators affets affignment againſt annuity anſwer arifing becauſe bill bond brought caſe caufe cauſe circumftances codicil cofts commiffion confent confequence confideration confidered counfel court court of equity creditors cuftom daugh daughter death debts deceaſe decree deed defendant devife deviſed difmiffed difpofe equity executor faid fame father fatisfaction fecond fecurity fettled fettlement feveral fhall fhare fhew fhould fifter fince firft firſt fome fraud ftand ftatute fuch fufficient give heir at law himſelf houſe huſband iffue infifted inftance intention intereft intitled judgment Juftice lands leafe legacy life-time likewife LORD CHANCELLOR Lord Hardwicke Mafter marriage moiety mortgage muft muſt opinion otherwife paid parties payment perfonal eftate plaintiff poffeffion prefent cafe purchaſe purpoſe queftion raiſed real eſtate reaſon refidue remainder rents rule ſhall ſhe ſuch teftator's thefe theſe tion truft truſtees uſe vefted verfus wife words
Popular passages
Page 210 - Where a father, after making his will, advances his child with a portion as great or greater than the legacy given by the will, such provision has always been held an ademption.
Page 297 - ... when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail ; that always in such cases (the heirs) are words of limitation of the estate, and not words of purchase.
Page 546 - Now these insurances from fire have been introduced in later times, and therefore differ from insurance of ships, because there interest or no interest is almost constantly inserted, and if not inserted, you cannot recover unless...
Page 90 - ... shall have the sole right and liberty of printing and reprinting the same for the term of fourteen years, to commence from the day of the first publishing thereof, which shall be truly engraved with the name of the proprietor on each plate, and printed on every such print or prints...
Page 424 - That all wills and testaments, limitations, dispositions, or appointments, of or concerning any manors, messuages, lands, tenements, or hereditaments, or of any rent, profit, term, or charge out of the same...
Page 691 - It is not necessary," he says, " that a man should be actually indebted at the time of a voluntary settlement to make it fraudulent ; for, if a man does it with a view to his being indebted at a future time, it is equally fraudulent, and ought to be set aside.
Page 335 - ... letters on familiar subjects, and inquiries after the health of friends, and cannot properly be called a learned work. " It is certain that no works have done more service to mankind than those which have appeared in this shape upon familiar subjects, and which, perhaps, were never intended to be published ; and it is this makes them so valuable...
Page 545 - Company, were ground landlords, and entitled to the reverfion of the term : Upon the 23d of February, feven months after the expiration of the term, and one month after the fire, the...
Page 398 - Another objection has been made, that the court can make no decree upon these persons which will be just, for it is said every man's non-attendance or omission of his duty is his own default, and that each particular person must bear such a proportion as is suitable to the loss arising from his particular neglect, which makes it a case out of the power of this court. Now...
Page 77 - ... of the father, I will not ftrain the rules of this court to make an executor pay it over again, efpecially as he made this payment to fave a forfeiture, it being an exprefs condition of his own taking under the will, that he {hould difcharge their legacies within a year after B.'s death.