Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 82Soney & Sage, 1914 |
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Page 2
... paid to him for the purpose of paying debts ; and there- fore it could not be said with certainty that the items of the will set forth would not be pertinent . 2. In a suit for partition of land of which the parties ' mother died seized ...
... paid to him for the purpose of paying debts ; and there- fore it could not be said with certainty that the items of the will set forth would not be pertinent . 2. In a suit for partition of land of which the parties ' mother died seized ...
Page 5
... paid by the defendant Charles , and he says that this note is a just and honest claim and should be paid and satisfied out of the sale of the property . It appears that Francis died twenty - two years ago , and Elizabeth more than six ...
... paid by the defendant Charles , and he says that this note is a just and honest claim and should be paid and satisfied out of the sale of the property . It appears that Francis died twenty - two years ago , and Elizabeth more than six ...
Page 7
... paid as executor on account of his trust . This claim clearly cannot be set up by way of cross - bill for the reasons set forth in Speer v . Speer , supra . Where no relief is prayed for in a bill against a defendant , the bill will be ...
... paid as executor on account of his trust . This claim clearly cannot be set up by way of cross - bill for the reasons set forth in Speer v . Speer , supra . Where no relief is prayed for in a bill against a defendant , the bill will be ...
Page 21
... paid unto the said Sarah White ; and if the said Sarah White die without heir or heirs , the said sum of $ 5,000 is to go to Leonard Crum , the son of Henry Crum . " Chancellor Green said ( at p . 415 ) : " There can be no question as ...
... paid unto the said Sarah White ; and if the said Sarah White die without heir or heirs , the said sum of $ 5,000 is to go to Leonard Crum , the son of Henry Crum . " Chancellor Green said ( at p . 415 ) : " There can be no question as ...
Page 23
... paid into court . On the return of the order he filed his answer verified both in common form and in extenso , and asked leave to put in addition proof by way of affidavit at an adjourned day . This leave was granted , with the ...
... paid into court . On the return of the order he filed his answer verified both in common form and in extenso , and asked leave to put in addition proof by way of affidavit at an adjourned day . This leave was granted , with the ...
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Common terms and phrases
12 Buch agreement alleged amount arbitrators assignment bank Belknap bill C. E. Gr Chancellor Christian Reformed Church church claim codicil collateral complainant complainant's contract conveyance conveyed corporation court of chancery court of equity court of errors covenant creditors Crucible Steel death debt deceased decree deed defendant defendant's demurrer Denton Dick divorce Emma Chambers entitled errors and appeals evidence executed executor fact filed final hearing foreclosure fund held Hogencamp husband injunction intended interest Jersey Jersey City judgment jurisdiction land lien loan lots ment mortgage mortgagor N. J. Eq N. J. Law nuisance orphans court owner paid parties Passaic payment petitioner plainant possession premises probate proof purchaser purpose question real estate realty company reason Scientific American secure shares statute stockholders street subsequent suit supra SWAYZE testator testatrix testimony thereof tion Trust Company Uvalde Vermeule Vice-Chancellor VREDENBURGH wife
Popular passages
Page 524 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the Influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves In life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 161 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 525 - Charity' in its legal sense comprises four principal divisions: trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to the community, not falling under any of the preceding heads.
Page 691 - A man may transfer his property without valuable consideration in one of two ways: he may either do such acts as amount in law to a conveyance or assignment of the property and thus completely divest himself of the legal ownership in which case the person who by those acts acquires the property takes it beneficially or on trust, as the case may be; or the legal owner of the property may by one or other of the modes recognized as amounting to a valid declaration of trust constitute himself a trustee...
Page 35 - The Legislature shall not in any manner create any debt or debts, liability or liabilities which shall, singly or in the aggregate, with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war, to repel invasion or suppress insurrection...
Page 33 - No such law shall take effect until it shall have been submitted to the...
Page 531 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 248 - It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no payment shall be construed to be an acceptance of defective work or improper materials.
Page 161 - In considering the operation of this judgment, it should be borne In mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties rpon a different claim or cause of action.
Page 35 - ... unless the same shall be authorized by law for some single object or work to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also...