Reports of Cases Argued and Determined in the Court of Chancery of the State of New York, Volume 1Banks, Gould, 1847 |
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administrator affidavit alleged lunatic allowed amount answer appeal apply appointed assignment authorized bond and mortgage cause cestui que trust charge choses in action circuit claim commission commissioners complainant complainant's contract conveyance conveyed costs court of chancery court of equity creditor's bill creditors damages death debt decree deed defendant defendant's demurrer direct discharge entitled equity evidence examination execution executor fact feme covert filed foreclosure fraud fund Getman granted grantor husband injunction inquisition interest issue John judgment debtor jurisdiction jury lands legacies legatees letters testamentary lien lunacy master matter of Russell McCosker ment Morris Canal mortgage mortgaged premises necessary New-York notice obtained paid Paige party payment personal estate personal property plainant proceed proceedings proper provisions purchase question real estate receiver relief revised statutes solicitor subsequent suit surrogate thereof Thomas McCosker tion usury valid vice chancellor Whaley wife witnesses
Popular passages
Page 582 - I give and bequeath all the rest and residue of my personal Estate unto my said Children, to wit: Henry, Thomas, Elizabeth, Deborah, and Mary, to be Equally divided amongst them.
Page 460 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 63 - A profit made, or loss imposed on the necessities of the borrower, whatever form, shape, or disguise it may assume, where the treaty is for a loan, and the capital is to be returned at all events, has always been adjudged to be so much profit taken upon a loan, and to be a violation of those laws which limit the lender to a specific rate of interest.
Page 63 - ... and whatever shape or disguise the transaction may assume, if a profit beyond the legal rate of interest is intended to be made out of the necessities or improvidence of the borrower, or otherwise the contract is usurious.
Page 485 - to promote the progress of science and the useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries...
Page 219 - Every male person of the age of eighteen years or upwards, and every female of the age of sixteen years or upwards, of sound mind and memory, and no others, may give and bequeath his or her personal estate, by will in writing.
Page 117 - The judicial power of the United States shall not extend to any suit in law or equity, or to any controversy relating to apportionment of representation in a state legislature.
Page 399 - The real estate of all incorporated companies liable to taxation, shall be assessed in the tax district in which the same shall lie, in the same manner as the real estate of individuals.
Page 518 - Where a power is vested in two or more persons, all must unite in its execution; but if before its execution, one or more of such persons dies, the power may be executed by the survivor or survivors.
Page 655 - ... equity, shall be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest...