Reports of Cases Decided in the Court of Appeal [1876-1900].Rowsell & Hutchison, 1884 |
From inside the book
Results 1-5 of 75
Page 2
... present judgments the facts of the case and the objections raised against the will are fully stated . The appeal came on to be heard on the 14th , 15th , and 16th days of November , 1882. * Robinson , Q. C. , for the appellant ...
... present judgments the facts of the case and the objections raised against the will are fully stated . The appeal came on to be heard on the 14th , 15th , and 16th days of November , 1882. * Robinson , Q. C. , for the appellant ...
Page 4
... present during the whole or most of the time that the will was being prepared and signed . Mr. Robin- son had characterised the manner in which Dr. Herod gave his testimony as rude and partizan , and the learned Judge said , “ assenting ...
... present during the whole or most of the time that the will was being prepared and signed . Mr. Robin- son had characterised the manner in which Dr. Herod gave his testimony as rude and partizan , and the learned Judge said , “ assenting ...
Page 13
... present the clear capacity , the animus testandi , which Sir John Nicholl speaks of . Some peculiarities of speech have been laid hold of as indicating want of capacity . One is , his answer to Mr. Tor- rance's question , whom he would ...
... present the clear capacity , the animus testandi , which Sir John Nicholl speaks of . Some peculiarities of speech have been laid hold of as indicating want of capacity . One is , his answer to Mr. Tor- rance's question , whom he would ...
Page 19
... present at the making of the will , and of the light in which , in my judgment , they should be viewed in relation to that which is the real issue in the case . Upon the point whether the gift to the Church was an indefinite something ...
... present at the making of the will , and of the light in which , in my judgment , they should be viewed in relation to that which is the real issue in the case . Upon the point whether the gift to the Church was an indefinite something ...
Page 22
... present in no other light , unless we are prepared to ignore the law which throws upon us the difficult and frequently unpleasant duty of reviewing the facts as well as the law . Before proceeding to the examination of these facts , I ...
... present in no other light , unless we are prepared to ignore the law which throws upon us the difficult and frequently unpleasant duty of reviewing the facts as well as the law . Before proceeding to the examination of these facts , I ...
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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...