Report of Cases in Chancery: Argued and Determined in the Rolls Court During the Time of Lord Landale, Master of the Rolls, 1838-1866, Volume 20Saunders and Benning, 1856 |
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Page 52
... fund at the end of six months , it must be established , that the wife consented only to a loan for that period . It is very material to observe how the consent was given by this deed . It is given in respect of all future loans , and ...
... fund at the end of six months , it must be established , that the wife consented only to a loan for that period . It is very material to observe how the consent was given by this deed . It is given in respect of all future loans , and ...
Page 76
... fund , the agreement on her second marriage and the terms of her will , which are wholly silent as to any interest in any person other than her- self , are urged as evidence that , if any election at all is to be inferred , it must be ...
... fund , the agreement on her second marriage and the terms of her will , which are wholly silent as to any interest in any person other than her- self , are urged as evidence that , if any election at all is to be inferred , it must be ...
Page 89
... fund ; Howe v . Lord Dartmouth ( d ) . Mr. Wickens , for Mr. and Mrs. Jebb , relied on Phip- son v . Turner ( e ) to show that the widow was autho- rized in giving her daughters a power of appointment . Mr. Roupell and Mr. Shebbeare ...
... fund ; Howe v . Lord Dartmouth ( d ) . Mr. Wickens , for Mr. and Mrs. Jebb , relied on Phip- son v . Turner ( e ) to show that the widow was autho- rized in giving her daughters a power of appointment . Mr. Roupell and Mr. Shebbeare ...
Page 92
... fund amongst children , in such proportions as he may think fit , authorizes his giving an estate for life , to one child , and the capital of the fund to another , and so on , provided he divides the whole fund in this manner amongst ...
... fund amongst children , in such proportions as he may think fit , authorizes his giving an estate for life , to one child , and the capital of the fund to another , and so on , provided he divides the whole fund in this manner amongst ...
Page 93
... fund to a married daughter , for her life , for her separate use , and after her decease , as she should by will appoint , and in default of appointment and if she left no issue , unto two sons , who were also objects of the power ; and ...
... fund to a married daughter , for her life , for her separate use , and after her decease , as she should by will appoint , and in default of appointment and if she left no issue , unto two sons , who were also objects of the power ; and ...
Common terms and phrases
allocatur amount annuity applied appointed assignment attained twenty-one Beav benefit bequeathed bill BIRKENHEAD charge claim clause contended contrà costs Court covenant creditor daughter death debt decease decree deed Defendant devise died directed dower Earl of DYSART effect entitled equity evidence executed executors freehold fund gavelkind gift give Gray Haig heirs held husband Hutchinson intended interest James Neale John Blakemore John Clark Langmead judgment land leasehold legacy legal personal representative legatees liable lien Lister Lloyd Lord Lord Huntingtower marriage MASTER ment mortgage Neale notice opinion paid Palmer parties partnership payment personal estate Plaintiff possession principal purchase question real estate referred rents residuary residue respect ROLLS Roupell settlement share shew Sir George Bowyer solicitor statute suit tenant testator's testatrix thereof tion transaction trust vested Vict Walter Boyd widow wife William Hutchinson William Langmead words
Popular passages
Page 269 - ... shall be good, valid and effectual in the law, to all intents and purposes whatsoever...
Page 68 - ... for and during the term of her natural life ; and from and after the decease of my said wife, I give and bequeath...
Page 684 - MR stated as a principle of construction which could not be disputed that "the general words of the Act are not to be so construed as to alter the previous policy of the law, unless no sense or meaning can be applied to those words consistently with the intention of preserving the existing policy untouched.
Page 624 - ... and issue process for the immediate sequestration of the personal estate and the rents and profits of the real estate of the party so charged, and...
Page 497 - ... shall examine her, apart from her husband, touching her knowledge of such deed, and shall ascertain whether she freely and voluntarily consents to such deed, and unless she freely and voluntarily consent to such deed shall not permit her to acknowledge the same ; and in such case such deed shall, so far as relates to the execution thereof by such married woman, be void.
Page 212 - ... shares of such of them as shall be a son or sons, to be paid...
Page 86 - ... in trust for all and every or such one or more exclusively of the other or others of the children...
Page 210 - ... children as shall be then living, and the issue of such of them as shall be then dead...
Page 614 - Suppose another case; two estates mortgaged to A, and one of them mortgaged to B. He has no claim under the deed upon the other estate. It may be so constructed that he could not affect that estate after the death of the mortgagor. But it is the ordinary case to say a person having two funds shall not by his election disappoint the party having only one fund ; and equity, to satisfy both, will throw him who has two funds upon that which can be affected by him only, to the intent that the only fund...
Page 241 - ... fuerit, vel Titius id miscuerit sine tua voluntate : non videtur commune esse : quia singula corpora in sua substantia durant. Sed nee magis istis casibus commune fit frumentum, quam grex intelligitur esse communis, si pecora Titii tuis pecoribus mista fuerint. Sed si ab alterutro vestrum totuin id frumentum retineatur: in rem quidem actio pro modo frumenti cujusque competit: arbitrio autem judicis continetur, ut ipse aestimet, quale cujusque frumentum fuerit.