A Treatise Upon Wills and Codicils: With an Appendix of the Statutes, and a Copious Collection of Useful Precedents, with Notes, Practical and ExplanatoryJ. Butterworth, 1809 - 701 pages |
From inside the book
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Page 9
... distinction between the hareditas ex tes- tamento and the legatum was this - that the latter was purely lucrative , whereas the former was often burthened with obligations , and some- times to such an extent as to be thereby rendered ...
... distinction between the hareditas ex tes- tamento and the legatum was this - that the latter was purely lucrative , whereas the former was often burthened with obligations , and some- times to such an extent as to be thereby rendered ...
Page 10
... distinction between them was removed , the same Emperor , by a stroke of liberal policy , levelled the distinction in point of effect , between the legata and the fidei - commissa , and thereby , the rigid forms of expression , the ...
... distinction between them was removed , the same Emperor , by a stroke of liberal policy , levelled the distinction in point of effect , between the legata and the fidei - commissa , and thereby , the rigid forms of expression , the ...
Page 15
... distinction between the legal and beneficial property , from their reservations of the dominium directum , abstracted from the dominium utile , in their first feudal donations . It is well known , however , that by the statute 27 H. 8 ...
... distinction between the legal and beneficial property , from their reservations of the dominium directum , abstracted from the dominium utile , in their first feudal donations . It is well known , however , that by the statute 27 H. 8 ...
Page 69
... distinctions to be attended to above case . reading the marking the judge's observation , that even if the force contended for were given to the phrase duly executed , " there had been cases in which a court of equity , under such ...
... distinctions to be attended to above case . reading the marking the judge's observation , that even if the force contended for were given to the phrase duly executed , " there had been cases in which a court of equity , under such ...
Page 70
... distinction , There the bill was to redeem a mortgage made by the father of the defendant , or to be foreclosed . The defendants by guardian an- swered , stating that their grandfather was seised in fee , and made a settlement , whereby ...
... distinction , There the bill was to redeem a mortgage made by the father of the defendant , or to be foreclosed . The defendants by guardian an- swered , stating that their grandfather was seised in fee , and made a settlement , whereby ...
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Other editions - View all
A Treatise Upon Wills and Codicils: With an Appendix of the Statutes, and a ... William Roberts No preview available - 2017 |
A Treatise Upon Wills and Codicils: With an Appendix of the Statutes, and a ... William Roberts No preview available - 2017 |
Common terms and phrases
according administrators aforesaid afterwards age of 21 annuity appointment attain the age attested bequeath bequest Chancellor charge child or children clause codicil conveyance copyhold court of equity coverture daugh daughter death debts decease declared deed devise direct dispose disposition doctrine effect entitled evidence executed executors expressed fee simple freehold funds held hereby hereditaments hereinafter hereinbefore instrument intention interest lands lease leasehold leasehold estates legacy legatee Lord Chancellor Lord Eldon Lord Hardwicke Lord Macclesfield Lord Mansfield Lordship marriage ment mortgage nuncupative observed opinion parol pass person or persons personal estate presence purchase real estate remainder rents residue respect revocation revoked rule seal seems seised shares signed sons statute of frauds stocks sufficient surrender survivor tail tenant tenements term testament testamentary testator's thereof three witnesses tion Tofield trustees or trustee unto void wife words writing
Popular passages
Page 500 - ... upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in -writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 501 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 500 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 499 - ... by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 499 - ... the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only, and shall not either in law or equity be deemed or taken to have any other or greater force or effect ; any consideration for making any such parol leases or estates, or any former law or usage, to the contrary notwithstanding.
Page 310 - ... remainder to the first and other sons of the marriage in tail male; remainder to the first and other...
Page 701 - Signed, sealed, published and declared by the above named Nathan Parr to be his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator and in the presence of each other.
Page 505 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 502 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an...
Page 508 - America ; and also an act passed in the parliament of Ireland in the same twenty-fifth year of the reign of King George the Second, intituled " An Act for the avoiding and putting an end to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning Real Estates...