Reports of Cases Decided in the Court of Appeal [1876-1900].Rowsell & Hutchison, 1884 |
From inside the book
Results 1-5 of 40
Page 10
... direct proof of instructions , only 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 ...
... direct proof of instructions , only 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 ...
Page 16
... direct . A gift to his house - keeper of that which he had not only destined for her , but purchased expressly for her ; a gift of $ 200 to a poor relation ; a gift to schemes of the church , with which he was familiar ; and lastly ...
... direct . A gift to his house - keeper of that which he had not only destined for her , but purchased expressly for her ; a gift of $ 200 to a poor relation ; a gift to schemes of the church , with which he was familiar ; and lastly ...
Page 19
... direct that the residue of my personal estate , after meeting and satisfying all claims , be divided between , " & c . This clause was , like the rest of the will , read over by itself to the testator , and assented to by him ; and ...
... direct that the residue of my personal estate , after meeting and satisfying all claims , be divided between , " & c . This clause was , like the rest of the will , read over by itself to the testator , and assented to by him ; and ...
Page 51
... suggestion from him , no direct suggestion of any sort or kind : is that true ? Yes . " This is uncontra- dicted , and I assume it to be substantially proved . A will made by interrogations is valid : see Green THOMPSON V. TORRANCE . 51.
... suggestion from him , no direct suggestion of any sort or kind : is that true ? Yes . " This is uncontra- dicted , and I assume it to be substantially proved . A will made by interrogations is valid : see Green THOMPSON V. TORRANCE . 51.
Page 89
... direct literal effect to the language used . The same rule should govern the construction of both provisions ; and by applying the same rule , whether that of adhering to the letter or that of giving effect to the apparent inten- tion ...
... direct literal effect to the language used . The same rule should govern the construction of both provisions ; and by applying the same rule , whether that of adhering to the letter or that of giving effect to the apparent inten- tion ...
Other editions - View all
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...