Reports of Cases Decided in the Court of Appeal [1876-1900].Rowsell & Hutchison, 1884 |
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Results 1-5 of 79
Page 6
... regard to the action of Mr. Torrance in the making of this will , or of his position as a minister of the same church as that of which the dying man was also a minister ; or of the bearing of that circumstance upon the part taken by him ...
... regard to the action of Mr. Torrance in the making of this will , or of his position as a minister of the same church as that of which the dying man was also a minister ; or of the bearing of that circumstance upon the part taken by him ...
Page 8
... regard to his relations . Mr. Torrance was himself a minister of the same church , and there were motives , I should say powerful motives , to influence him to see that the interest of the church should not suffer through apathy or lack ...
... regard to his relations . Mr. Torrance was himself a minister of the same church , and there were motives , I should say powerful motives , to influence him to see that the interest of the church should not suffer through apathy or lack ...
Page 9
... died , and he had then no relations except " the Neales , " and " from them also , ( as the judgment says , ) it is equally clear that his 2 - VOL . IX A.R. regards , if he ever entertained any , were estranged THOMPSON V. TORRANCE . 9.
... died , and he had then no relations except " the Neales , " and " from them also , ( as the judgment says , ) it is equally clear that his 2 - VOL . IX A.R. regards , if he ever entertained any , were estranged THOMPSON V. TORRANCE . 9.
Page 10
... regards , if he ever entertained any , were estranged , " The judgment of the Court was , that the will was ... regard to both , in such terms as to make it no matter of surprise that his will should make 10 ONTARIO APPEAL REPORTS .
... regards , if he ever entertained any , were estranged , " The judgment of the Court was , that the will was ... regard to both , in such terms as to make it no matter of surprise that his will should make 10 ONTARIO APPEAL REPORTS .
Page 15
... of the bequest to Agnes Strachan , to which I have already referred . What passed in rela- tion to that bequest is a material piece of evidence shewing fixedness of attention and alertness of mind , in regard THOMPSON V. TORRANCE . 15.
... of the bequest to Agnes Strachan , to which I have already referred . What passed in rela- tion to that bequest is a material piece of evidence shewing fixedness of attention and alertness of mind , in regard THOMPSON V. TORRANCE . 15.
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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...