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 12
... heirs , must take effect . It is contended , on the other side , that this devise over is void , as being to them in their natural capacity . The intention speaks against that . The testator had no knowledge of or kindness for them in ...
... heirs , must take effect . It is contended , on the other side , that this devise over is void , as being to them in their natural capacity . The intention speaks against that . The testator had no knowledge of or kindness for them in ...
Page 28
... heirs to the use of the said John Carwardine for life , remainder to the said Magdalena Williams , his intended wife , ( except in such cases as should be thereafter ex- tees to the use of cepted , ) for her jointure , remainder to the ...
... heirs to the use of the said John Carwardine for life , remainder to the said Magdalena Williams , his intended wife , ( except in such cases as should be thereafter ex- tees to the use of cepted , ) for her jointure , remainder to the ...
Page 29
... heir at law , brought the present bill , CARWARDINE . First , to try the validity of the will . Secondly , to set ... heirs of the body of the husband by the wife , it was antecedent to the estate tail , and the fine could not reach ...
... heir at law , brought the present bill , CARWARDINE . First , to try the validity of the will . Secondly , to set ... heirs of the body of the husband by the wife , it was antecedent to the estate tail , and the fine could not reach ...
Page 30
... heirs of the body , " under which the first son would take the whole . Now in the proviso the words are , " such issue as aforesaid , " which can relate only to heirs of the body . And though the words child and children are afterwards ...
... heirs of the body , " under which the first son would take the whole . Now in the proviso the words are , " such issue as aforesaid , " which can relate only to heirs of the body . And though the words child and children are afterwards ...
Page 33
... heirs of that marriage . The woman might marry again , carry away the whole estate , and his children have nothing to live upon : and therefore heirs male of the body , secundum subjectam materiem , must be all that claim as heir . Not ...
... heirs of that marriage . The woman might marry again , carry away the whole estate , and his children have nothing to live upon : and therefore heirs male of the body , secundum subjectam materiem , must be all that claim as heir . Not ...
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.