Reports of Cases Decided in the Court of Appeal [1876-1900].Rowsell & Hutchison, 1884 |
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Results 1-5 of 81
Page 9
... apply where a clergyman writes or prepares a will under which his church obtains a benefit ; and more especially so , where , as in this case , the will is prepared at a time when death is approaching the testator . And I may add , that ...
... apply where a clergyman writes or prepares a will under which his church obtains a benefit ; and more especially so , where , as in this case , the will is prepared at a time when death is approaching the testator . And I may add , that ...
Page 10
... applies , or at least only applies with any degree of stringency , where the instrument is inofficious , or where it is obtained by a party materially benefited ; or a fortiori where it is both . " Upon this I need only observe that ...
... applies , or at least only applies with any degree of stringency , where the instrument is inofficious , or where it is obtained by a party materially benefited ; or a fortiori where it is both . " Upon this I need only observe that ...
Page 21
... apply . A bequest to the endowment fund of the college is , in my opinion , within the trusts authorized by the Act . I think the direction in the Court below as to costs is right . The real contest was , the presence or absence of ...
... apply . A bequest to the endowment fund of the college is , in my opinion , within the trusts authorized by the Act . I think the direction in the Court below as to costs is right . The real contest was , the presence or absence of ...
Page 22
... application for probate was made . I can regard such an appeal as the present in no other light , unless we are ... applying those principles to the tes- timony in the particular case . The testator must , in the language of the cases ...
... application for probate was made . I can regard such an appeal as the present in no other light , unless we are ... applying those principles to the tes- timony in the particular case . The testator must , in the language of the cases ...
Page 62
... apply here . There the defendant lived in Augusta , the Act required notice to be given in Milledgeville , and none ... applies at all events to only a part of the claim , and the defendants are clearly liable for the balance of the ...
... apply here . There the defendant lived in Augusta , the Act required notice to be given in Milledgeville , and none ... applies at all events to only a part of the claim , and the defendants are clearly liable for the balance of the ...
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Common terms and phrases
action alleged amount Andrew Faulds answer appeal apply arbitrator assessment assets award bank Beav bill Burke BURTON by-law called CANADA SOUTHERN RAILWAY chattel circumstances claim clause contract costs Court Court of Chancery Court of Equity creditor culling damages deals death decree deed defendant delivered devise Dobell effect entitled equity evidence executors expressed fact fraud gift gift inter vivos give given Gould Haldan held insolvency intention interest James Woods Jellett JOHN ROCHESTER judgment Justice land learned Judge liable Lord lumber Matthewson McFarlane ment Montreal mortgage Ontario Bank opinion paid parties PATTERSON payable payment person Peterkin plaintiff plea possession present proceedings provision purchase question reason referred registered replevin Rochester rule shareholders shew shewn solicitor SPRAGGE statute Statute of Limitations suit testator Thomas McKay tion Torrance trust Vict witnesses words
Popular passages
Page 260 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 354 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 262 - ... it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.
Page 68 - The directors may from time to time make such calls of money upon the respective shareholders, in respect of the amount of capital respectively subscribed or owing by them as they deem necessary, and thirty days...
Page 574 - ... unable to pay his debts as they become due from his own money in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors...
Page 558 - That, if at the time at which the right of any person to make an entry or distress, or bring an action to recover any land or rent...
Page 134 - Judges, from the earliest times, were always inclined to decide that estates devised were vested ; and it has long been an established rule, for the guidance of the Courts of Westminster in construing devises, that all estates are to be holden to be vested, except estates, in the devise of which a condition, precedent to the vesting, is so clearly expressed, that the Courts cannot treat them as vested, without deciding in direct opposition to the terms of the will.
Page 162 - Lordship there said, that, as to this point, "the rule is, that if the bill contains charges, putting facts in issue that are material, the plaintiff is entitled to the relief which those facts will sustain, under the general prayer; but ho cannot desert specific relief prayed, and under the general prayer ask specific relief of another description, unless the facts and circumstances charged by the bill will, consistently with the rules of the Court, maintain that relief.
Page 3 - Probate, where the onus pro1*38. bandi most undoubtedly lies upon the party propounding the Will, if the conscience of the Judge, upon a careful and accurate consideration of all the evidence on both sides, is not judicially satisfied, that the paper in question does contain the last Will and Testament of the deceased, it is bound to pronounce its opinion that the instrument is not entitled to probate.
Page 111 - ... may be limited in that behalf, the directors in their discretion by vote to that effect reciting the facts and duly recorded in their minutes may summarily declare forfeited any shares whereon such payment is not made...