A Treatise on the Law of Legacies, Volumen2W. Benning, 1847 - 1901 páginas |
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Página 945
... Courts with respect to the probate of the will · 1785 SECT . II . The Jurisdiction of the Courts , in regard to the recovery of the legacy 1. - In the Ecclesiastical Courts 2.- In the Court of Chancery 3. In the Courts of Common Law ...
... Courts with respect to the probate of the will · 1785 SECT . II . The Jurisdiction of the Courts , in regard to the recovery of the legacy 1. - In the Ecclesiastical Courts 2.- In the Court of Chancery 3. In the Courts of Common Law ...
Página 976
... Court has no right to marshal the assets of a person alive ; it not being subject to such a jurisdiction of equity till the death . Nor can the Court extend this relief to creditors , further than the nature of the contract will support ...
... Court has no right to marshal the assets of a person alive ; it not being subject to such a jurisdiction of equity till the death . Nor can the Court extend this relief to creditors , further than the nature of the contract will support ...
Página 982
... Court shall marshal the assets and by applying the leasehold in the first place to payment of debts , leave the other assets to be applied to the charity , and by that mean do per obliquum , what could not be done per directum . This ...
... Court shall marshal the assets and by applying the leasehold in the first place to payment of debts , leave the other assets to be applied to the charity , and by that mean do per obliquum , what could not be done per directum . This ...
Página 985
... Court of Chancery will not marshal the assets , so as to throw for charities , the debts upon the real estate and leave the personal a clear fund but contribu for the charity ; but it will be proper in this place to notice a them and ...
... Court of Chancery will not marshal the assets , so as to throw for charities , the debts upon the real estate and leave the personal a clear fund but contribu for the charity ; but it will be proper in this place to notice a them and ...
Página 989
... Court would indi- rectly allow the charge upon the real estate for the benefit of a charity , contrary to the Statute of Mortmain ; and the practical result would , in most cases , be that of excluding the next of kin wholly , or in ...
... Court would indi- rectly allow the charge upon the real estate for the benefit of a charity , contrary to the Statute of Mortmain ; and the practical result would , in most cases , be that of excluding the next of kin wholly , or in ...
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Términos y frases comunes
9 Geo age of twenty-one annuities applied appointed assets attained twenty-one Attorney benefit bequeathed bequest bond chapel charged charitable purposes child codicil considered contingent Cotleigh Court Court of Chancery Courts of Equity covenant creditor daughter debtor debts and legacies decease declared decree deed defendant devised died directed dispositions to charity dividends entitled equal evidence executed executors father favour freehold fund gift give heirs infant infra intention interest invested John John Fendall laid land legacies given legatee lifetime Lois Andrew Lord Alvanley Lord Eldon Lord Hardwicke Lord Langdale Lord Thurlow Lordship maintenance marriage Master mentary mortgage named observed opinion paid parish payable payment fu personal estate plaintiff Polesworth poor portion provision purchase question real and personal real estate remainder residuary respect rule satisfaction SECT securities settled settlement stat Statute of Mortmain supra Testamentary testator's death testatrix thereof tion trustees vested void widow wife younger children
Pasajes populares
Página 1122 - ... an act, made in the first year of the reign of king William and queen Mary, intituled, An Act for exempting their Majesties...
Página 1612 - The best rule of construction is that which takes the words to comprehend a subject that falls within their usual sense, unless there is something like declaration plain to the contrary...
Página 1389 - ... equally to be divided between them, share and share alike, as tenants in common and not as joint tenants...
Página 1416 - ... in the presence of, and attested by, two or more credible witnesses, or by her last will and testament in writing, or any writing...
Página 1528 - ... appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise: Provided, that...
Página 1241 - If it might, consistently with the will, be applied to other than strictly charitable purposes, the trust is too indefinite for the Court to execute.
Página 1239 - By what rule of construction could it be said, all objects of liberality and benevolence are excluded, which do not fall within the Statute of Elizabeth ? The question is, not, whether he may not apply it upon purposes strictly charitable, but whether he is bound so to apply it...
Página 1119 - Commons, in this present parliament assembled, considering that a great part of superstition and errors in Christian religion hath been brought into the minds and estimation of men, by reason of the ignorance of their very true and perfect salvation through the death of Jesus Christ, and by devising and phantasing vain opinions of purgatory and masses satisfactory to be done for them which be departed...
Página 1259 - ... at the age of twenty-one years or day of marriage, which should first happen after the...
Página 1462 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.