Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Cottenham, with a Few in the Time of the Lords Commissioners, and of Sir C. C. Pepys, Master of the Rolls, Volume 5Saunders and Benning, 1848 - Equity |
From inside the book
Results 1-5 of 55
Page 4
... agreement and the bill state that the deposit was paid to Chitty , on account of Jones and Doggerell ; and no person is now before the Court re- presenting their interest . It ( a ) 14 Ves . 128 . ( b ) 2 Sim . 78 . ( c ) 2 Russ ...
... agreement and the bill state that the deposit was paid to Chitty , on account of Jones and Doggerell ; and no person is now before the Court re- presenting their interest . It ( a ) 14 Ves . 128 . ( b ) 2 Sim . 78 . ( c ) 2 Russ ...
Page 38
... agreements upon the marriage of the grandchildren operated as ademptions of the legacies . Lord Eldon , in Ex parte Pye ( a ) , seems to allude to the possibility that such second portion might be treated as an ademption pro tanto only ...
... agreements upon the marriage of the grandchildren operated as ademptions of the legacies . Lord Eldon , in Ex parte Pye ( a ) , seems to allude to the possibility that such second portion might be treated as an ademption pro tanto only ...
Page 90
... agreement during their joint lives , and giving to the survivor , as to all such survivor's share in the personalty in which he or she would have an absolute property , a power to appoint to and amongst a particular class . The observ ...
... agreement during their joint lives , and giving to the survivor , as to all such survivor's share in the personalty in which he or she would have an absolute property , a power to appoint to and amongst a particular class . The observ ...
Page 167
... agreement parol agree- to grant a lease , on the ground of part performance of ment to grant the agreement on the part of the tenant . is a lease en- forced against the intended landlord , on the ground of part perform- ance , and on ...
... agreement parol agree- to grant a lease , on the ground of part performance of ment to grant the agreement on the part of the tenant . is a lease en- forced against the intended landlord , on the ground of part perform- ance , and on ...
Page 168
... agreement for the lease , drained the lands of the farm , laid the piece of arable land into pasture , and repaired the buildings according to the agreement ; and that , in the draining and repairs , he expended 150l . , besides his own ...
... agreement for the lease , drained the lands of the farm , laid the piece of arable land into pasture , and repaired the buildings according to the agreement ; and that , in the draining and repairs , he expended 150l . , besides his own ...
Other editions - View all
Common terms and phrases
adeemed ademption agreement alimony amount Ann Fox Walton annual rests annuity annum appears arbitrators assignee assizes award balance BARSHAM bill Brammall BURROUGH C. R. Cockerell Champneys charged Charles Cockerell child Company contract costs Court daughter death debts decease declared decree deed Defendant directed dismissed Elizabeth entitled evidence executors father filed George Reid gift Gros Hawksworth HEIGHINGTON Hull husband intention interest invested issue James Cosmo John Walton Jolliffe LACEY Lady Harriet Lashmar legacy legal personal representative legatee liable LOCKYER LORD CHANCELLOR Lord Eldon Lordship doth marriage Master mentioned Messrs mortgage Munch Mylne paid Palmer parties Paxton payment personal estate PHILCOX Plaintiff proved provision PUMFRETT question referred Reid rents RISHTON Russ shew sicca rupees Silberschildt Sir Charles Cockerell sister specific performance suit tenant testator testator's Thomas tion Trail trust fund twenty-one Vice-Chancellor wife Wigram William de Blaquiere William Walton
Popular passages
Page 89 - ... amongst my nephews and nieces, or their children, either all to one of them or to as many of them as my surviving child shall think proper...
Page 109 - ... the said [trustees] [or the survivors or survivor of them, or the executors or administrators of such survivor...
Page 102 - The court of equity refuses its aid to give to the plaintiff what the law would give him if the courts of common law had jurisdiction to enforce it, without imposing upon him conditions which the court considers he ought to comply with, although the subject of the condition should be one which the court would not otherwise enforce...
Page 177 - Courts of Equity exercise their jurisdiction, in decreeing specific performance of verbal agreements, where there has been part performance, for the purpose of preventing the great injustice which would arise from permitting a party to escape from the engagements he has entered into, upon the ground of the Statute of Frauds...
Page 35 - The second provision, therefore, is presumed to be intended as a substitution for, and not as an addition to, that first given; but, when the gift Is a mere bounty, there is no ground for raising any presumption of intention as to its amount, although such amount be comprised in two or more gifts.
Page 46 - The advancement must naturally be supposed to be of the particular child's portion ; and so the rule assumes, as it precludes the child advanced from claiming the sum given by the will as well as the sum advanced. So far the rule is founded on good sense, and adapted to the ordinary transactions of mankind. The supplying the wants of one child for an advancement is not permitted to lessen or destroy the provisions made for the others, by giving both provisions to the child advanced ; but the supposed...
Page 227 - And for the better taking the said accounts and discovery of the matters aforesaid, the parties are to produce before the said Master, upon oath, all deeds, books, papers, and writings in their custody or power relating thereto, and are to be examined upon interrogatories as the said Master shall direct...
Page 32 - 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 316 - Mote, as far as the rules of law and equity would admit, by the person or persons who, for the time being, should be entitled to the possession of the said mansion-house...
Page 93 - A. shall think most deserving, and that will make the best use of it, or to the children of his nephew C., if any such there are or shall be.