Reports of Cases Argued and Determined in the High Court of Chancery: Commencing in Michaelmas Term, 1815 [to the End of the Sittings After Michaelmas Term, 1817], Volume 1J. Butterworth and son, 1817 - Equity |
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Common terms and phrases
admitted advowson aforesaid afterwards agreement amount annuity answer applied appointment assignment attorney bankrupt bequest BLUNDELL BOOTLE broker charity child circumstances clause Clayton codicil consent contended contract copyhold Court Court of Equity covenants creditors daughter death debts declared decree deed Defendant Devaynes Devaynes's devise directed entitled equity estate tail exchequer bills executed executors expences favour former freehold gift give given ground heirs High Littleton intention interest issue James Cockburn John Hodges lease leasehold leasehold estates legacies LORD CHANCELLOR Lord Thurlow Margaret Cole Master ment mortgage NOBLE objects paid parties partnership payment personal estate Plaintiff possession premises present purchase purpose question real estate reference remaining rents and profits residue respect ROLLS rule Sarah Mogg shew Sir Samuel Romilly SLEECH'S specific statute surviving partners taken Testator's thereof Timsbury tion transaction trust vested WALKER Whalley William Ashby words
Popular passages
Page 625 - Cole, as thereinafter mentioned; it was witnessed that, in pursuance of such desire, and in consideration of the natural love and affection...
Page 107 - His Lordship doth order that the decree made in this cause, the 18th of August, 1824, be reversed; and it is ordered that it be referred to the Master to inquire and state to the court whether the plaintiff...
Page 606 - ... the order in which the receipts and payments take place, and are carried into the account. Presumably, it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle, all accounts current are settled, and particularly cash accounts.
Page 308 - Si plusieurs personnes, respectivement appelées à la succession l'une de l'autre, périssent dans un même événement, sans qu'on puisse reconnaître laquelle est décédée la première, la présomption de survie est déterminée par les circonstances du fait, et, à leur défaut, par la force de l'âge ou du sexe.
Page 199 - ... private capacities; and an action of debt may, in such case, be brought against them, or any of them, their, or any of their heirs, executors, or administrators, in any court...
Page 704 - Sandall (said testator's two daughters), to be divided between them, share and share alike, and they to take as tenants in common, and not as joint tenants, and of the several and respective...
Page 408 - April 1820, when it was referred to the master to take an account of the personal estate of the said testator not specifically bequeathed, come to the hands of the said Sir C.
Page 95 - A third principle, which it is now too late to call in question, is, that in all cases in which the testator has expressed an intention to give to charitable purposes, if that intention is declared absolutely, and nothing is left uncertain but the mode in which it is to be carried into effect, the intention will be carried into execution by this Court, which will then supply the mode, which alone was left deficient.
Page 280 - The possession of a tenant is notice to a purchaser of the actual interest he may have either as tenant, or, farther, as in this instance, by an agreement to purchase the premises.
Page 647 - an instrument, properly attested, in order to incorporate another instrument not attested, must describe it so as to be a manifestation of what the paper is which is meant to be incorporated.