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, Volum 3Saunders and Benning, 1839 |
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Frases i termes més freqüents
act of parliament affidavit aforesaid afterwards alleged amended annuities answer appears applied appointed assigns attorney benefit Bernal bill Birkenhead bond Carmarthen cause charged claim clause codicil costs Court court of equity creditors daughters death debt decease declared decree deed Defendants demurrer Denys directed dividends ELLICOMBE entitled equity execution executors fendants filed fund Gompertz grandsons Hartnoll heirs injunction intended interest Isaac Isaac issue John Pinckard judgment Lady Shuckburgh legatees LORD CHANCELLOR Lord Eldon Lordship male descendants male lineal descendant marriage Master ment mentioned Moore mortgage Mylne object ODDIE opinion paid parties payment personal estate petition Pinckard Plaintiff plea present proceedings provision purchase purpose question Railway referred respect shew Sir John Barrington Sir John Roger solicitor sons suit survivor tail male testator's Thellusson therein thereof tion trust twenty-one Vice-Chancellor wife Wigram WOODFORD words
Passatges populars
Pàgina 732 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded ; ex.
Pàgina 39 - If a creditor does not come in till after the executor has paid away the residue, he is not without remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees, and bring back the fund, he may do so; but he cannot affect the legatees, except by suit; and he cannot affect the executor at all.
Pàgina 404 - ... seised or possessed, in trust for him against whom execution is so sued, like as the sheriff or other officer might or ought to have done, if the said party against whom execution...
Pàgina 567 - Thellusson in tail male, with remainder to the second, third, fourth, and all and every other male lineal descendant or descendants then living, who shall be incapable of taking as heir in tail male of any of the persons to whom a prior estate is hereby directed to be limited, of my said son Peter Isaac Thellusson, successively in tail male...
Pàgina 162 - ... all right, title, interest and equity of redemption of, in and to the said premises ; and the Master is to settle the conveyance if the parties differ about the same.
Pàgina 271 - Hartnoil, as tenants in common, in tail general; with cross remainders between them, in tail general ; with...
Pàgina 545 - April, 1820, when it was referred to the Master to take an account of the personal estate of the said testator not specifically bequeathed, come to the hands of the said Sir C.
Pàgina 126 - VVhitby, their executors, administrators and assigns, upon trust, as soon as conveniently might be after his decease, to sell and...
Pàgina 329 - London, and who shall within four years after the day whereon he shall have taken or shall take such degree be bound by contract in writing to serve as a clerk for and during the term of three years to a practising Attorney or Solicitor in England or Wales, and shall have continued in such service...
Pàgina 483 - So, when the loss arises from the dishonesty or failure of any one to whom the possession of part of the estate has been intrusted. Necessity, which includes the regular course of business in administering the property, will in equity exonerate the personal representative.