Reports of Cases Decided in the Court of Appeal [1876-1900].Rowsell & Hutchison, 1884 |
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Results 1-5 of 56
Page 18
... considered the case free from doubt , so far as the devise and bequest to Esther Argo are concerned . The intention of the deceased in her favour is clear beyond question . The will was not drawn by her ; the provisions in her favour ...
... considered the case free from doubt , so far as the devise and bequest to Esther Argo are concerned . The intention of the deceased in her favour is clear beyond question . The will was not drawn by her ; the provisions in her favour ...
Page 26
... considered that there was evidence , in this indirect way , that she was practically aware of the contents of the paper to which she set her hand . From the remarks made by the Judge , when disposing of the costs , it is not improbable ...
... considered that there was evidence , in this indirect way , that she was practically aware of the contents of the paper to which she set her hand . From the remarks made by the Judge , when disposing of the costs , it is not improbable ...
Page 36
... considered him- self justified in giving not the unascertained something , but the residue of the testator's estate , of the extent of which he admits he was then ignorant , coupled with the further damnatory admission that had he beeen ...
... considered him- self justified in giving not the unascertained something , but the residue of the testator's estate , of the extent of which he admits he was then ignorant , coupled with the further damnatory admission that had he beeen ...
Page 40
... considered alone and apart from the information given by the Armstrongs , added to which is the admitted fact that not one of the bequests originated with the deceased , but were each and every of them suggested by those around him ...
... considered alone and apart from the information given by the Armstrongs , added to which is the admitted fact that not one of the bequests originated with the deceased , but were each and every of them suggested by those around him ...
Page 43
... considered by him in the distribution of it . Had we heard nothing of the making of a will , but had merely described to us the condition of the testator on that Friday , not merely as enfeebled by the severity of his malady , for that ...
... considered by him in the distribution of it . Had we heard nothing of the making of a will , but had merely described to us the condition of the testator on that Friday , not merely as enfeebled by the severity of his malady , for that ...
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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...