Reports of Cases in the High Court of Chancery, from 1757 to 1766: From the Original Manuscripts of Lord Chancellor Northington, Volume 1J. Butterworth and Son, 1827 |
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Page xx
... directing that assembly , when sitting in its judicial capacity , devolved exclusively upon Lord Hardwicke and Lord Mansfield . As they were neither of them united with the new Lord Keeper either by personal or political connexions ...
... directing that assembly , when sitting in its judicial capacity , devolved exclusively upon Lord Hardwicke and Lord Mansfield . As they were neither of them united with the new Lord Keeper either by personal or political connexions ...
Page 17
... directed to come out of the estate . In ( a ) Owen v . Griffith , the only ground of appeal was that the defendant was ordered to pay costs ; and two questions were made on the hearing , first , whether the rule is so general that a ...
... directed to come out of the estate . In ( a ) Owen v . Griffith , the only ground of appeal was that the defendant was ordered to pay costs ; and two questions were made on the hearing , first , whether the rule is so general that a ...
Page 29
... directed , which was found in favour of the will : upon the second point the bill was dismissed , it being triable at law . It now came on upon the equity reserved . The Attorney - General and Mr. Comyn for the plain- tiff . The estate ...
... directed , which was found in favour of the will : upon the second point the bill was dismissed , it being triable at law . It now came on upon the equity reserved . The Attorney - General and Mr. Comyn for the plain- tiff . The estate ...
Page 44
... directed certain inquiries to be made respecting the value of the estate devised , which at the time gave dissatisfac- tion to the profession . As a general rule , it seems settled that the court cannot enter into the inquiry . Wal- ker ...
... directed certain inquiries to be made respecting the value of the estate devised , which at the time gave dissatisfac- tion to the profession . As a general rule , it seems settled that the court cannot enter into the inquiry . Wal- ker ...
Page 53
... where the owners have expressly directed it ( a ) . ( a ) As to this point , vide Cholmondeley v . Meyrick , post . 177. and note . 1758 . REYNOLDS ข . MEYRICK . [ 53 ] 1758 . REYNOLDS v . MEYRICK . [ 54 ] CASES IN CHANCERY . 52.
... where the owners have expressly directed it ( a ) . ( a ) As to this point , vide Cholmondeley v . Meyrick , post . 177. and note . 1758 . REYNOLDS ข . MEYRICK . [ 53 ] 1758 . REYNOLDS v . MEYRICK . [ 54 ] CASES IN CHANCERY . 52.
Common terms and phrases
afterwards agreement annuities appointment assigns ATTORNEY Attorney-General bearing date Belchier bill BURGESS charge claim clause considered conveyance court of equity covenant crown daughter death debts decease declared decree deed defendant devise Duke Earl of Hertford eldest entitled escheat estate tail executed executors father freehold held Howorth husband indenture intent interest issue male John jointure lands lease legacies Lord Hardwicke Lord KEEPER Lord Northington Manaton manor marriage ment Meyrick moiety Moore mortgage Moses Hart opinion paid parties payment personal estate plaintiff portion possession premises purchase question real estate rents and profits rule seised settled settlement Sewell shew Sir James Lowther Sir William Sir William Lowther small tithes Solicitor-General sons statute statute of mortmain tail male tenant term testator's Thomas tion tithes Vern vested Vide void WHEATE wife Wilbraham William Morrice
Popular passages
Page 263 - ... remainder to the first and other sons of the marriage in tail male; remainder to the first and other...
Page 216 - So the discretion which is to be executed here is to be governed by the rules of law and equity, which are not to oppose, but each in its turn to be subservient to the other. This discretion in some cases follows the law implicitly ; in others, assists it and advances the remedy ; in others again it relieves against the abuse or allays the rigour of it; but in no case does it contradict or overturn the grounds or principles thereof, as has been sometimes ignorantly imputed to this Court. That is...
Page 182 - I do direct that the receipt and receipts of my said trustees, and the survivor of them, and the heirs and assigns of such survivor...
Page 410 - Dictionary, a perpetuity is defined to be any limitation tending to take the subject of it out of commerce for a longer period than a life or lives in being, and twenty-one years beyond; and in case of a posthumous child, a few months more, allowing for the term of gestation.
Page 323 - And thou shalt speak unto the children of Israel, saying, If a man die, and have no son, then ye shall cause his inheritance to pass unto his daughter.
Page 111 - That if a man hath lands in fee and lands for years, and deviseth all his lands and tenements, the...
Page 142 - ... the condition was held void ; and although precedent in its character, that, nevertheless, the gift took effect. And in another case,4 where the testator directed, that if " his niece lived with her husband, his executors should pay her £ 2 per month, and no more ; but if she lived from him, and with her mother, then they should allow her =£5 per month " ; it was held that the legatee was entitled to the largest sum, without living apart from her husband ; and Lord Keeper Henly thought, as...
Page 50 - Philip the son for life, remainder to trustees to preserve contingent remainders, remainder to his first and other sons in tail male, remainder to...
Page 140 - No point is better established than that a person having a power must execute it bona fide for the end designed, otherwise it is corrupt and void.
Page 226 - Twenty years ago I imbibed this principle, that the trust is the estate at law in this Court, and governed by the same rules in general, as all real property is, by imitation.