A Treatise on the Law of Legacies, Volumen2W. Benning, 1847 - 1901 páginas |
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Página 952
... observations of Lord Cotten- ham , C. in Mirehouse v . Scaife , 2 Myl . & Cr . 703 , who observed , that the expression of Lord Alvanley re- estate charged Chancellor expressed some doubt of it in the 952 [ CH . XV . Marshalling of Assets.
... observations of Lord Cotten- ham , C. in Mirehouse v . Scaife , 2 Myl . & Cr . 703 , who observed , that the expression of Lord Alvanley re- estate charged Chancellor expressed some doubt of it in the 952 [ CH . XV . Marshalling of Assets.
Página 953
... observed , that he saw no difference between that case and one where a person , indebted by a simple contract , having lands and personal estate , begins his will by charging all his estate with payment of his debts , and then , after ...
... observed , that he saw no difference between that case and one where a person , indebted by a simple contract , having lands and personal estate , begins his will by charging all his estate with payment of his debts , and then , after ...
Página 958
... observed , there were several questions ; first , whether the plaintiffs were entitled to marshal the assets gene ... observe , in the second place , that the same rule holds à ject to a speci- fortiori where the estate descends subject ...
... observed , there were several questions ; first , whether the plaintiffs were entitled to marshal the assets gene ... observe , in the second place , that the same rule holds à ject to a speci- fortiori where the estate descends subject ...
Página 965
... observed , in reference to that case , " this is a very obscure report , and it has perplexed me very much formerly ; the decision is directly against the dictum of Lord Hardwicke . This cannot be distinguished from the common case of ...
... observed , in reference to that case , " this is a very obscure report , and it has perplexed me very much formerly ; the decision is directly against the dictum of Lord Hardwicke . This cannot be distinguished from the common case of ...
Página 966
... observed , " the next case is Coppin v . Coppin , where the doctrine of Pol- ( 9 ) Supra , p . 964 , ( 99 ) Cooper , R. 50 . ( r ) 15 Ves . 329 . real estate debts , & c . but , devised 966 [ CH . XV . Marshalling of Assets.
... observed , " the next case is Coppin v . Coppin , where the doctrine of Pol- ( 9 ) Supra , p . 964 , ( 99 ) Cooper , R. 50 . ( r ) 15 Ves . 329 . real estate debts , & c . but , devised 966 [ CH . XV . Marshalling of Assets.
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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.