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 |
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Page 65
... allowed to her by the testator in his lifetime , and of a further an- nuity of 5. , which had been allowed to her by one James Pumfrett , deceased ; although he considered that his payment of such annuity of 20l . , was in full satis ...
... allowed to her by the testator in his lifetime , and of a further an- nuity of 5. , which had been allowed to her by one James Pumfrett , deceased ; although he considered that his payment of such annuity of 20l . , was in full satis ...
Page 96
... allowed to behalf of one of the Defendants , and was allowed by the Lord Chancellor . No notice of this objection had been given by the answer ; but , upon its being allowed , the Defendant's counsel applied for the costs of the day ...
... allowed to behalf of one of the Defendants , and was allowed by the Lord Chancellor . No notice of this objection had been given by the answer ; but , upon its being allowed , the Defendant's counsel applied for the costs of the day ...
Page 140
... allowed to dis- miss his bill without costs : and to the case of Vansandau v . Moore ( b ) , in which Lord Eldon had fully admitted the power of the Court to dismiss a bill , without costs , upon the application of the Plaintiff : and ...
... allowed to dis- miss his bill without costs : and to the case of Vansandau v . Moore ( b ) , in which Lord Eldon had fully admitted the power of the Court to dismiss a bill , without costs , upon the application of the Plaintiff : and ...
Page 159
... allowed the demurrer , the Plaintiffs appealed from his Honour's decision . Mr. Richards and Mr. Calvert , in support of the appeal , referred to the stats . 19 G. 2. c . 37. and 28 G. 3 . 1840 . KERR บ . REW . 1840 . KERR บ . REW . 28 ...
... allowed the demurrer , the Plaintiffs appealed from his Honour's decision . Mr. Richards and Mr. Calvert , in support of the appeal , referred to the stats . 19 G. 2. c . 37. and 28 G. 3 . 1840 . KERR บ . REW . 1840 . KERR บ . REW . 28 ...
Page 161
... allowed the demurrer of the Defendant Bate to a bill of discovery , which alleged that he , Bate , was interested in the success of the action , and was to be entitled to all or some part of the money to be recovered thereby , and he ...
... allowed the demurrer of the Defendant Bate to a bill of discovery , which alleged that he , Bate , was interested in the success of the action , and was to be entitled to all or some part of the money to be recovered thereby , and he ...
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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.