Reports of Cases Argued and Determined in the Court of Chancery of the State of New York [1845-1848], Volume 2Banks & Brothers, 1864 |
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Common terms and phrases
agreement alleged allowed amount answer appeal application appointment assignment bank bankrupt benefit bond and mortgage Burhans cause charged Charles Wilkes claim complainant contract conveyance conveyed copartners Corse costs counsel court of chancery court of equity death debt debtor deceased decedent decree deed defendant demurrer devised discharge discovery docketed entitled equitable lien equity execution executor fact feme covert filed foreclosure fraud fund grant heirs at law husband infant injunction interest Jacob Harsen judgment debtor land legal title legatees liable lien lots lunatic matter ment mortgaged premises necessary New-York nunc pro tunc obtained Ontario Bank owner paid Paige's Rep parties partnership payment personal estate petition plainant possession proceedings proceeds proper provisions purchase purpose question rail-road real estate received relief residuary residuary estate revised statutes share sold subsequent sufficient surety surrogate testator's thereof tion trust Van Benthuysen vice chancellor wife Wilkes witnesses
Popular passages
Page 61 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 55 - England, the Master of the Rolls, the Chief Justice of the Common Pleas, and the Chief Baron of the Exchequer...
Page 51 - When any one or more of the subscribing witnesses to such will shall be examined, and the other witnesses are dead, or reside out of the State, or are insane...
Page 334 - When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3.
Page 178 - Where a rule, either of the common or the statute law, is direct, and governs the case with all its circumstances, or the particular point, a court of equity is as much bound by it, as a court of law, and can as little justify a departure from it.
Page 103 - But the court proceeds upon the ground, that the complainant has a valuable interest in the good-will of his trade or business; and that having appropriated to himself a particular label, or sign, or trade-mark, indicating to those who...
Page 159 - ... or in some way affected, and the Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, encumbrance, or other circumstance affecting the property of which he had actual notice...
Page 52 - ST., dec'd., and at his request and in the presence of each other; and that they verily believe he was of sound and disposing mind and memory at the time of executing the same.
Page 518 - When, in consequence of a valid limitation of an expectant estate, there is a suspension of the power of alienation, or of the ownership, during the continuance of which the rents and profits are undisposed of, and no valid direction for their accumulation is given, such rents and profits shall belong to the persons presumptively entitled to the next eventual estate.
Page 705 - U not authorized to make an order for the sale of the real estate of a decedent...