Reports of Cases Argued and Determined in the High Court of Chancery: In the Time of Lord Chancellor Hardwicke, from the Year 1746-7 to 1755. By Francis Vesey, Senior ...

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Página 8 - ... equally to be divided between them, share and share alike, as tenants in common and not as joint tenants...
Página 325 - No doubt but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts; so that if reduced into writing contrary to the intent of the parties, on proper proof, that would be rectified.
Página 92 - Chancellor was of opinion, that the plaintiffs had the plainest equity that could be. The person originally sustaining the loss was the owner ; but after satisfaction made to him, the insurer.
Página 338 - It is a credit on the fund, and must amount to an assignment of so much of the debt ; and though the law does not admit an assignment of a chose in action, this Court does, and any words will do, no particular words being necessary thereto;
Página 430 - Signed, sealed, and declared by the testator, as his last will and testament, in presence of us, RADNOR.
Página 462 - Therefore, if either the crown or the subject creates an eleemosynary foundation, and vests the charity in the persons who are to receive the benefit of it, since a contest might arise about the government of it, the law allows the founder or his heirs, or the person specially appointed by him to be visitor, to determine concerning his own creature. If the charity is not vested in the persons who are to partake, but in trustees for their benefit, no visitor can arise by implication, but the trustees...
Página 214 - C., for life ; remainder to trustees to preserve contingent remainders ; remainder to the first and other sons of the said Lord C.
Página 297 - But there is a material difference between this court's taking on them to set aside a will of personal estate on account of fraud or forgery in obtaining or making that will, and taking from the party the benefit of a will established in the ecclesiastical court by his fraud, not upon the testator, but upon the person disinherited thereby, and claiming after the testator's death against it.
Página 444 - In 1683, the Duke of York takes a new grant from the crown ; and, having granted before, was bound to make further assurance, for the improvements made by Perm were a foundation to support a bill in equity for further assurance. The Duke of York therefore while a subject was to be considered as a trustee ; why not afterward as a royal trustee?
Página 238 - The particular views of the legislature were two ; first, to prevent the locking up. land and real property from being aliened, which is made the title of the act : the second, to prevent persons in their last moments from being imposed on to give away their real estates from their families.

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