Minutes of Cases Argued and Determined in the High Court of Chancery, Svazky 1–2

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A. Maxwell, 1837 - Počet stran: 298
 

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Strana 10 - ... but a stranger, giving a legacy, is understood as giving a bounty, not as paying a debt; he must therefore be proved to mean it as a portion, or provision, * either upon the face of the Will, or, if it may be, and it [ • 154 1 seems that it may, by evidence, applying directly to the gift, proposed by that Will...
Strana 3 - Churchwardens and Overseers of the Poor and their Successors, shall and may, and they are hereby empowered, to accept take and hold, in the nature of a Body Corporate, for and on behalf of the Parish...
Strana 27 - Defendants, yet on a bill filed in equity, it was referred to the Master to take an account •of what was due to the...
Strana 16 - In any case to procure relief in equity, the creditor must show by his bill that he has proceeded at law to the extent necessary to give him a complete title.
Strana 6 - ... upon trust, that they, the said trustees, and the survivors and survivor of them, and the executors, administrators, and assigns, of such survivor...
Strana 7 - To such uses upon such trusts to and for such intents dower. \ and purposes and with under and subject to such powers provisoes agreements and declarations as the said...
Strana 40 - ... in that view of the case it might fall to be considered, whether one transaction might not follow so close upon the other, as to render it impossible to give a man credit for having forgotten it. I should be unwilling to go so far as to say, that if an attorney has notice of a transaction in the morning, he shall be held in a court of equity to have forgotten it in the evening; it must in all cases depend upon the circumstances.
Strana 10 - ... legacy is understood as giving a bounty, not as paying a debt ; he must therefore be proved to mean it as a portion or provision either upon the face of the will, or, if it may be, and it seems that it may, by evidence applying directly to the gift proposed by that will; and recollecting how artificial the rules are where a person has educated a child through life considering himself as standing in the relation of putative father to that child, having a father acknowledged, describing that child...
Strana 227 - Possession, depends on the validity of his Title to the property to which they relate, and he is not in Possession of that property, and the evidence of his Title to it is in his own power, or does not depend on the production of the Deeds or Writings...
Strana 75 - Cann, there was no trust upon the face of the will ; but a paper was written afterwards which clearly demonstrates that the testator's intention was to devote the benefit to charitable purposes. If it rested there, it is clear a man cannot, by an unexecuted instrument, attach a trust upon real estate. But they pleaded the statute. That must have been allowed to be a good plea, unless the Lord...

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