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acceptance acceptor according action agreement amount answer appears appellant appointed argument authority aver bill body cause charge circumstances claim condition consideration considered contained contract Court creditors death death-bed debt decided decision decree deed defendant demand Dickson direction drawer effect entail entitled evidence exchange executed executor express fact father favour former further give given ground Hamilton heirs held holder intention interest interlocutor issue John Judges judgment June lands leases limitation Lord matter mean ment mentioned necessary objection opinion original paid particular parties payable payment person plaintiff plea pleadings present principles proceedings prove provision qualified question reason received refused remain rent respect respondent revocation revoked Roger ROWE Session settlement suit supposed taken tenant thereof Thomas tion trust whole Wood YOUNG
Page 521 - ... authority, and it is his duty, to take order, that unity and peace be preserved in the church, that the truth of God be kept pure and entire, that all blasphemies and heresies be suppressed, all corruptions and abuses in worship and discipline prevented or reformed, and all the ordinances of God duly settled, administered, and observed. For the better effecting whereof, he hath power to call synods, to be present at them, and to provide that whatsoever is transacted in them be according to the...
Page ii - W. (a natural son of the testator's sister) for life, and after his decease to the heirs of his body in such shares and proportions as W. by deed, &c. shall appoint ; and for want of such appointment to the heirs of the body of W.
Page 295 - JD in fee, and the heirs male of his body, whom failing, to the heirs female of his body, &c.
Page 738 - ... in their ordinary legal sense, because there are other inconsistent words ; but it only follows that he was ignorant of the effect of the one or of the other. All the cases but Doe v.
Page 45 - heirs of the body' will indeed yield to a particular intent that the estate shall be only for life, and that may be from the effect of superadded words, or any expressions showing the particular intent of the testator, but that must be clearly intelligible and unequivocal. The will then proceeds, ' in such shares and proportions as he the said W. shall by deed, &c. appoint.' Heirs of the body mean one person at any given time, but they comprehend all the posterity of the donee in succession.
Page 48 - It cannot at this day be argued, that, because the testator uses in one part of his will words having a clear meaning in law, and in another part other words inconsistent with the former, that the first words are to be cancelled or overthrown. * * * It is dangerous, where words have a fixed legal effect, to suffer them to be controlled without some clear expression, or necessary implication.
Page 95 - B. and the survivor of them, and the heirs of such survivor, in trust to sell...
Page 17 - A. all my real and personal estate, she paying debts, &c." and after her decease to the heirs of her body, share and share alike, if more than one, " and in default of issue to be lawfully begotten by me, to be at her own disposal.