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" ... at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement, and that the interest of the settlor in such property had passed to the trustee of such settlement on the execution thereof. "
The Cabinet Lawyer: A Popular Digest of the Laws of England, Civil, Criminal ... - Page 460
by John Wade - 1871 - 879 pages
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A Compendium of the Law of Real and Personal Property: Primarily ..., Volume 1

Josiah William Smith - Conveyancing - 1855 - 824 pages
...under such settlement can prove that the settlor was at the time of making the settlement i^c 2 - perty comprised in such settlement, be void against such...trustee. Any covenant or contract made by a trader, iii consideration of marriage, for the future settlement upon or for his wife or children of any money...
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The Weekly Notes

Law - 1882 - 826 pages
...has executed a voluntary settlement was, within the meaning of s. 91 of the Bankruptcy Act, 1869, " at the time of making the settlement able to pay all...aid of the property comprised in such settlement," the value of the goodwill of his business and of the implements of his trade is not to be taken into...
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The Journal of Jurisprudence, Volume 13

Law - 1869 - 732 pages
...bankruptcy within ten years, unless^the parties claiming under the settlement can prove that the settlor was at the time of making the settlement able to pay all his debts without the aid of the settled property (s. 91). Payments, conveyances, or transfers of property, obligations, and judicial...
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The Solicitors' Journal & Reporter, Volume 14

Law - 1870 - 1012 pages
...section, those claiming under it being able to prove that the settlor was at the time of making of the settlement able to pay all his debts without the...aid of the property comprised in such settlement, although of course it is open to the trustee to take proceedings to upset the settlement under the...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 28

Law - 1870 - 402 pages
...prove that the settlor was more than solvent when he made it, or, to use the words of the Act, was able to pay all his debts without the aid of the property so settled. These provisions seem stringent enough to prevent any kind of fraud in this direction,...
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The Solicitors' Journal & Reporter, Volume 15

Law - 1871 - 984 pages
...unless the parties Claiming under such settlement can prove that the settlor was at the time of m«lring the settlement able to pay all his debts without the...property comprised in such settlement, be void against the trustee." This provision, it will be observed, relates only to traders ; it comprises all settlements,...
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The Law Times, Volume 50

Law - 1871 - 522 pages
...claiming nnder the settlement can prove that the settlor •was at the time of making the settleBlent able to pay all his debts without the aid of the property comprised in such settlement, be void against the trustee." This provision, it will be observed, relates only to traders, it comprises «U settlements,...
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A Treatise on the Law and Practice Relating to Vendors and ..., Volume 2

Joseph Henry Dart - Conveyancing - 1871 - 788 pages
...such date, then it is also to be void, unless the parties claiming under it can prove that the settlor was, at the time of making the settlement, able to pay all his (?) Ware v. Gardner, LR 7 Eq. (s) Rey. v. Smith, 6 Cox, CC 31. 317. (0 H>/< v. Purker, 22 Bear. 59....
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The practice and evidence in actions in the county courts. (The jurisdiction ...

James Edward Davis - 1872 - 560 pages
...date of such settlement unless the parties claiming under such settlement can prove that the settlor was at the time of making the settlement able to pay...without the aid of the property comprised in such settlements, be void against such trustee. Any covenant or contract made by a trader, in consideration...
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Precedents and Forms in Conveyancing, Volume 3, Part 1

Charles Davidson - Conveyancing - 1873 - 780 pages
...date of such settlement, unless the parties claiming under such settlement can prove that the settlor was at the time of making the settlement able to pay...comprised in such settlement, be void against such trustee ; " and by s. 125, sub-sec. 5, of the same Act, all such settlements, &c., as would be void in the...
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