Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Thurlow, and of the Several Lords Commissioners of the Great Seal, and Lord Chancellor Loughborough, from 1778 to 1794W. Clarke & Sons, P. Pheney, C. Hunter, S. Sweet and S. Brooke, 1819 |
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Page 11
... claim that moiety as being void . The governors of the Foundling hospital claim the moiety bequeathed to them . The governors of the several Lying - in hospitals submit their se- veral claims . Mr. Madocks for the plaintiff : -So much ...
... claim that moiety as being void . The governors of the Foundling hospital claim the moiety bequeathed to them . The governors of the several Lying - in hospitals submit their se- veral claims . Mr. Madocks for the plaintiff : -So much ...
Page 24
... claims in equity , the same as claims at law . As to the copyholds , it does seem that the parties have proceeded upon a supposition that they were not forfeited . The general rule is , that acts of parliament extend to copyholds ...
... claims in equity , the same as claims at law . As to the copyholds , it does seem that the parties have proceeded upon a supposition that they were not forfeited . The general rule is , that acts of parliament extend to copyholds ...
Page 33
... claim . It must be confined to the statute , that is , to one class under it , for the wife cannot claim , the statute providing for her by the name of wife ; therefore , such a will is not totally inofficious , for it shuts out the ...
... claim . It must be confined to the statute , that is , to one class under it , for the wife cannot claim , the statute providing for her by the name of wife ; therefore , such a will is not totally inofficious , for it shuts out the ...
Page 35
... claim in equity as a creditor upon good consideration against the estate ? By the statute of Eliz . a good and valuable consideration must be such a consideration as has a value and measure in money ; but , where there is no com ...
... claim in equity as a creditor upon good consideration against the estate ? By the statute of Eliz . a good and valuable consideration must be such a consideration as has a value and measure in money ; but , where there is no com ...
Page 36
... claim till the account was taken ; and then , there being a surplus , he was paid . — In the case of Lady Mary Herbert v . Earl Powis , April , 1776 , 6 Bro . P. C. 102 , several of the considerations were not of any kind of value , and ...
... claim till the account was taken ; and then , there being a surplus , he was paid . — In the case of Lady Mary Herbert v . Earl Powis , April , 1776 , 6 Bro . P. C. 102 , several of the considerations were not of any kind of value , and ...
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Common terms and phrases
agreement annuity applied appointment Ashhurst assets assigns Attorney-General bankrupt bill bond charge circumstances cited claim codicil contract copyhold Court court of equity covenant creditors daughter death debts decease decree deed defendant devise died dower Duke Earl Elizabeth entitled equity estate tail execution executors expences father filed freehold fund gave give given heir at law House of Lords husband Inchiquin intention interest issue John Lady laid lands lease leasehold leasehold estate legacy legatees liable Lord Bathurst Lord Chancellor Lord Eldon Lord Hardwicke Lord Northington Lord Thurlow Madocks Mansfield marriage Mary Master meant ment mortgage Nathaniel Richard opinion paid parties payment personal estate plaintiff plea possession Pulteney purchase question real estate remainder rents residuary residue rule seised settlement shew sold statute tenant term testator's Thomas tion trustees Vern vested vide wife William William Townshend words
Popular passages
Page 8 - THURLOW said, that to set aside a conveyance, there must be an inequality, so strong, gross and manifest, that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it (1).
Page 225 - Parkin for life, with remainder to her first and other sons in tail male...
Page 488 - ... estates, between her father James Flanagan, and her brother James Flanagan, their heirs, executors, and administrators, equally. A bill was brought by the creditors for sale of the real estate to supply the deficiency of the personal estate for payment of debts; and a decree was made for a sale; and if any of the money to arise by the sale should remain after payment of the debts and legacies, it was directed to be paid to James Flanagan the father, and James Flanagan the son, equally; and if...
Page 395 - no action shall be brought whereby * * * to charge any person * * * upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; * * * 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 440 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife for life, remainder to...
Page 98 - Being asthmatical, and the office very hot, she retired to her carriage to execute the will, the witnesses attending her ; after having seen the execution, they returned into the office to attest it, and the carriage was accidentally put back to the window of the office, through which, it was sworn by a person in the carriage, the testatrix might see what passed...
Page 220 - He rested it upon what the testator meant afterwards; if he meant that every other person who should be heir should take, he then meant, what the law would not suffer him to give, or the heir to take as a purchaser...
Page 487 - Cas. 497, the master of the rolls says, that " nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted, and this, in whatever manner the direction is given.
Page 20 - ... determined cases seem to go thus far, that the general engagement of the wife shall operate upon her personal property, shall apply to the rents and profits of her real estate, and that her trustees shall be obliged to apply personal estate, and rents and profits when they arise, to the satisfaction of such general engagement...
Page 305 - Court of ordinary jurisdiction has finally decided the rights of the parties, that judgment may in general be pleaded in bar of a Bill in Equity. Thus, where a Bill was brought by a person, claiming to be son and heir of Jocelin, Earl of Leicester, and alleged, that the Earl, being tenant in tail of estates, had suffered a recovery, and had declared the use to himself and a trustee in fee, and that the plaintiff had brought a writ of right to recover the lands ; but...