 Where a person, knowing that a testator in making a disposition in his favour intends it to be applied for purposes other than his own benefit, either expressly promises, or by silence implies, that he will carry the testator's intention into effect,...  The Examination Chronicle - Page 193Full view - About this book
 | 1878 - 1082 pages
...felicitously laid down by Vice- Chancellor Wood in Wall grave v. Tebbs (ubi supra). He says, at page 321, " Where a person, knowing that a testator, in making...favour, intends it to be applied for purposes other than his own benefit, either expressly promises, or by silence implies, that he will carry the testator's... | |
 | Sir Edward Ebenezer Kay, Henry Robert Vaughan Johnson - 1856 - 850 pages
...absolute, but which are alleged to have been in fact given with an intention to evade the statute. Where a person, knowing that a testator in making a disposition in his favor intends it to be applied for purposes other than his own benefit, either expressly promises,... | |
 | 1862 - 590 pages
...321), where he gives his version of the doctrine laid down in Russell v. Jackson in these words — " Where a person, knowing that a testator, in making...favour, intends it to be applied for purposes other than his own benefit, either expressly promises, or by silence implies, that he will carry the testator's... | |
 | Ireland. High Court of Chancery - 1864 - 668 pages
...AttorneyGeneral v. Dillon (c). The rule is thus enunciated by the ViceChancellor, in Wallgrave v. Tebbs (d): — "Where a person, knowing "that a testator, in making a disposition in his favor, intends it " to be applied for purposes other than his own benefit, either "expressly promises,... | |
 | Great Britain. Court of Chancery - 1867 - 882 pages
...down by Vice-Chancellor Wood are applicable to the present case, for His Honour observes, that " whe;e a person, knowing that a testator, in making a disposition...intention into effect, and the property is left to him on the faith of that promise or undertaking, it is in effect a (1) 2 B. & A. 710, 721. (3) 2 K. & J.... | |
 | Ohio. Supreme Court - 1911 - 668 pages
...accordance with equity and good conscience. As was well said in W 'all grave v. Tcbbs (supra') : " 'Where a person knowing that a testator, in making a disposition in his favor, intends it to be applied for purposes other than his own benefit, either expressly promises... | |
 | 1896 - 1166 pages
...by them In a quotation, supplemented by the authorities they cite, which we take from their brief: "Where a person, knowing that a testator, In making a disposition In his favor, Intends It to be applied for purposes other than his own benefit, either expressly promises,... | |
 | 1889 - 956 pages
...property in accordance with his desires. WOOD, VC, (then Lord HATHERLY,) upheld the trust, saying: "Where a person knowing that a testator, in making a disposition in his favor, intends it to be applied for purposes other than his own benefit, either expressly promises,... | |
 | 1915 - 880 pages
...and effect of an express promise.' ... As was well said in Wallgrave v. Tebbs, supra [2 K. & J. 321]: Where a person knowing that a testator, in making a disposition in his favor, intends it to be applied for purposes other than his own benefit, either expressly promises... | |
 | Owen Davies Tudor, Leonard Syer Bristowe, Walter Ivimey Cook - 1889 - 1152 pages
...1888, pott. retained . " Where a person, knowing that a testator in making a disposition Creation and in his favour intends it to be applied for purposes other than c ^ ' his own benefit, either expressly promises, or by silence implies, that he will cany the testator's... | |
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