Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error: During the Sessions 1831[-1846], Svazek 5J. & W. T. Clarke, 1841 |
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admissible admitted annuity answer appears Appellant attorney Austin Banbury barony Bectan bill Bonham burgh Carrapiet child claim counsel Court of Chancery Court of Session created daughter DAVIES death decease declared decree defendant descendible dignity directed dividends Earl of KINGSTON Eccleston estate eldest England entitled Evan evidence executors fact father fee tail Fleming fund HARTWELL heirs male Henry King HOULDITCH House husband indorsement Ireland issue Johannes Sarkies John Marsden Judges judgment jury learned friend letters Llanfair Lord Chancellor Lord Donegal Lord Kingsborough Lord Vaux Lordships Mark Whyte Marquess Marsden Mary ment Morris opinion Parliament parties patent payment peer person plaintiff presumption proof proved question received rents respect Respondent Scarisbrick estate settlement sexual intercourse Sir Edward Sir Henry SLANE Peerage sons tail TATHAM testator's Thomas tion trial trust VAUX Peerage Viscount Kingsborough Viscount LORTON Wentworth wife William Wrightington estate writ of summons younger
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Strana 292 - ... with remainder to the use of his first and other sons successively...
Strana 112 - B. and the survivor of them, and the executors or administrators of such survivor...
Strana 401 - I do direct that the receipt and receipts of my said trustees, and the survivor of them, and the heirs and assigns of such survivor...
Strana 104 - ... unfettered and unlimited, in full confidence, and with the firmest persuasion that in her future disposition and distribution thereof she would distinguish the heirs of his late father by devising and bequeathing the whole of his said estate, together and entire, to such...
Strana 230 - ... that presumption is encountered by such evidence as proves, to the satisfaction of those who are to decide the question, that such sexual intercourse did not take place at any time, when by such intercourse the husband could, according to the laws of' nature, be the father of such child.
Strana 125 - An Act to restrain all Trusts and Directions in Deeds or Wills, whereby the Profits or Produce of Real or Personal Estate shall be accumulated, and the beneficial Enjoyment thereof postponed beyond the Time therein limited.
Strana 230 - Where the legitimacy of a child, in such a case, is disputed, on the ground that the husband was not the father of such child. the question to be left to the jury is whether the husband was the father of such child...
Strana 733 - ... parties is no evidence ; for the question is, not what the capacity of the testator was reputed to be, but what it really was in point of fact ; and, though the opinion of a witness upon oath as to that fact might be asked, it would be only a compendious mode of ascertaining the result of the actual observation of the witness, from acts done, as to the habits and demeanor of the deceased.
Strana 16 - In the case at bar the obligation is to pay a sum certain at a certain day ; but the law does not suppose that he is at the moment of making the contract contemplating the period at which he may be freed, by lapse of time, from performing it. The argument that the limitation is of the nature of the contract, supposes that the parties look only to the breach of the agreement. Nothing is more contrary to good faith than such a supposition, that the contracting parties look only to the period at which...
Strana 20 - ... to be governed by the law of the country where the contract is made, unless there is something to show that the intention of the parties was that the law of the country where the contract is to be performed should prevail;" and summed up by the court of appeal, consisting of Brett, MR.