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 44
Page 26
... settlement or his will , until a tenant in tail of the age of twenty- one years should be in possession of his mansion- house ; and then the chat- tels were to belong to such tenant in tail . The testa- tor was , under his marriage ...
... settlement or his will , until a tenant in tail of the age of twenty- one years should be in possession of his mansion- house ; and then the chat- tels were to belong to such tenant in tail . The testa- tor was , under his marriage ...
Page 27
... settlement or will . Under those limitations , the appellant's father was tenant for life in possession until his death in 1839 ; and he , the son , never , under this direction , had any interest in the property ; because , the moment ...
... settlement or will . Under those limitations , the appellant's father was tenant for life in possession until his death in 1839 ; and he , the son , never , under this direction , had any interest in the property ; because , the moment ...
Page 28
... settlements and wills , saying that the Court is not to do for a testator all that can be done by law , but no more than what he has intended to be done , and ac- cording to the common acceptation of the terms . That observation applied ...
... settlements and wills , saying that the Court is not to do for a testator all that can be done by law , but no more than what he has intended to be done , and ac- cording to the common acceptation of the terms . That observation applied ...
Page 29
... settlements upon their respective marriages , the presumption against double portions was held to be applicable ; but , inasmuch as the advancements were smaller in amount than the sums expressed to be given by the will , such ...
... settlements upon their respective marriages , the presumption against double portions was held to be applicable ; but , inasmuch as the advancements were smaller in amount than the sums expressed to be given by the will , such ...
Page 30
... settlement of certain lands upon him and his children , and executed a bond for 3000l . , of which trusts were declared similar to those of the lands ; and upon the marriage of Mrs. Drake ( Eleanor Pen- rose Pym ) , to whom a legacy of ...
... settlement of certain lands upon him and his children , and executed a bond for 3000l . , of which trusts were declared similar to those of the lands ; and upon the marriage of Mrs. Drake ( Eleanor Pen- rose Pym ) , to whom a legacy of ...
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.