The Law of Wills, Svazek 3Little, Brown, 1877 |
Obsah
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Běžně se vyskytující výrazy a sousloví
accruing action allowed American Appeal applied appointment assets authority become belonging bond cause charge cited claim common consideration contract court of equity Court of Probate creditors death debts deceased decree direction discussed distribution domicile duty ecclesiastical courts effect England English entitled established evidence execution executor or administrator exist Exrs extent fact favor former gift give granted ground hands heir held husband interest intestate judge judgment jurisdiction land legacies letters limited Lord maintain Mass matter mode obtained particular party pass payment personal estate personal representative possession practice present principal probate court proof proved provision question real estate reason received referred regard removed rule seems separate settled settlement statute sufficient suit term testamentary tion tort trust unless valid widow wife wife's witnesses
Oblíbené pasáže
Strana 205 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Strana 6 - All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Strana 437 - ... exercising reasonable care and diligence, will not be responsible for the failure or depreciation of the fund in which any part of the estate may be invested, or for the insolvency or misconduct of any person who may have possessed it, yet if that line of duty be not strictly pursued, and any part of the property be invested by such personal representative in funds or upon securities not authorized, or be put within the control of persons who ought not to be...
Strana 352 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Strana 6 - We adopt the doctrine of the Court of King's Bench, that the presumption of law relates only to the fact of death, and that the time of death, whenever it is material, must be a subject of distinct proof.
Strana 309 - ... prove that he was ready and willing to perform his part of the contract. But...
Strana 334 - ... the modern doctrine certainly is, that where a man has chosen to take the joint credit of several, though at law his security is wearing out as each of his debtors dies, yet it is fit that the creditor, whose debt remains at law only against the survivors, should resort to the assets of a deceased debtor ; and a court of equity will, under certain modifications, constitute that demand.
Strana 497 - When any person, by excessive drinking, gaming, idleness, or debauchery of any kind, shall so spend, waste, or lessen his estate as to expose himself or his family to want or suffering...
Strana 9 - In an indictment for bigamy, it is incumbent on the prosecution to prove to the satisfaction of the jury that the husband or wife, as the case may be, was alive at the date of the second marriage.