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 15
... legacy . bequests only to the individuals herein named . " " I appoint my sons Stephen and Thomas Michell my execu- tors and joint trustees for the aforenamed persons . " not . Held , former was " After pay- ment of his debts " the tes ...
... legacy . bequests only to the individuals herein named . " " I appoint my sons Stephen and Thomas Michell my execu- tors and joint trustees for the aforenamed persons . " not . Held , former was " After pay- ment of his debts " the tes ...
Page 16
... legacy of 150l . to Mr. and Mrs. Jefferies , on the ground that it was doubtful which granddaughter was intended , the latter filed this bill to compel payment . Mr. R. Palmer and Mr. Darling , for the Plaintiff . There are two ...
... legacy of 150l . to Mr. and Mrs. Jefferies , on the ground that it was doubtful which granddaughter was intended , the latter filed this bill to compel payment . Mr. R. Palmer and Mr. Darling , for the Plaintiff . There are two ...
Page 17
... legacy to a creditor of the testator is not a satisfaction of a debt due to him . Consequently Mrs. Jefferies is entitled to the 150l . legacy , as well as the debt ; Field v . Mostyn ( b ) ; Lethbridge v . Thur- low ( c ) ; 2 Rop . Leg ...
... legacy to a creditor of the testator is not a satisfaction of a debt due to him . Consequently Mrs. Jefferies is entitled to the 150l . legacy , as well as the debt ; Field v . Mostyn ( b ) ; Lethbridge v . Thur- low ( c ) ; 2 Rop . Leg ...
Page 18
... legacy was intended for the former . The observation on the account book , that although the name of Elizabeth Bawden is repeatedly stated in it , there is nothing to mark which was in- tended , is removed by the admission , that in one ...
... legacy was intended for the former . The observation on the account book , that although the name of Elizabeth Bawden is repeatedly stated in it , there is nothing to mark which was in- tended , is removed by the admission , that in one ...
Page 19
... legacy of 1501. belongs to her . I cannot hold that this legacy of 150l . was a satis- faction of the 1507. debt due from the testator to the Plaintiff . In the first place , he puts this legacy in the same situation as all his other ...
... legacy of 1501. belongs to her . I cannot hold that this legacy of 150l . was a satis- faction of the 1507. debt due from the testator to the Plaintiff . In the first place , he puts this legacy in the same situation as all his other ...
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.