Reports of Cases Heard in the House of Lords: On Appeals and Writs of Error; and Decided During the Session[s] 1819[-21], Volume 2J. & W. T. Clarke, 1825 - Law reports, digests, etc |
From inside the book
Results 1-5 of 72
Page 7
... intention of the testator to include Argument for all William's issue , and sufficient appears on the Error . face of the will to enable a court of law to effec- 7th , 9th , 12th , tuate his intention . The decision in the Court June ...
... intention of the testator to include Argument for all William's issue , and sufficient appears on the Error . face of the will to enable a court of law to effec- 7th , 9th , 12th , tuate his intention . The decision in the Court June ...
Page 8
... intention , that upon the death of each a share should fall to the heir , who would thus perhaps be a long series of years acquiring all the shares in the property . The testator has given the estate to the heirs " of the body of ...
... intention , that upon the death of each a share should fall to the heir , who would thus perhaps be a long series of years acquiring all the shares in the property . The testator has given the estate to the heirs " of the body of ...
Page 14
... intention has been already noticed . If only one child should be born , they imagine the testator meant that he should take the lands for life . If twelve children , and eleven died infants , according to one construc- tion , the ...
... intention has been already noticed . If only one child should be born , they imagine the testator meant that he should take the lands for life . If twelve children , and eleven died infants , according to one construc- tion , the ...
Page 17
... intention that something more should be done . And where a deed , declaring the uses ( after the fine levied ) , was executed , in the manner required by the power , it was held , that the deed and fine taken together , operated as an ...
... intention that something more should be done . And where a deed , declaring the uses ( after the fine levied ) , was executed , in the manner required by the power , it was held , that the deed and fine taken together , operated as an ...
Page 22
... intention of the testator is frustrated . He intended to provide for the issue , and they would have no provision . If the gift had been to " children , " instead of " heirs of the body , " the same argument would have arisen . The word ...
... intention of the testator is frustrated . He intended to provide for the issue , and they would have no provision . If the gift had been to " children , " instead of " heirs of the body , " the same argument would have arisen . The word ...
Other editions - View all
Common terms and phrases
1st Question acceptor according action alleged answer appears appellant Roger appointed assignee aver bankers bill of exchange cause charge claim clause considered contract Court of Session Coutts Craufurd creditors death-bed deed debt decision declaration decree defendant demand devise disponee disposition drawer effect entitled estate tail executed executor father favour former Geddes Glengary Hamilton HARVIE heirs of entail held holder HOTCHKIS Hugh Dunbar indorsement intention interest interlocutor Ireland issue JESSON John Latouche judgment June Kilbucho lands Lansdowne Latouche leases liable liege poustie Lord Chancellor Lord Ellenborough Lord Ordinary M'Neill Matthew Wood ment opinion paid parties partners payable person petition Philip Wood plaintiff plea pleadings present promissory note pursuer qualified acceptance rent revocation revoked Richard Franklin Gough ROWE ROXBURGHE Scotland Scott Waring settlement Sir John Perring suit tailzie Taynish tenant therein thereof Thomas Gough Thomas Lidwill tion trust William Dickson words
Popular passages
Page 523 - ... 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 556 - Find the pursuer entitled to expenses; allow an account thereof to be given in, and remit to the auditor to tax the same and to report.
Page iv - 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 297 - JD in fee, and the heirs male of his body, whom failing, to the heirs female of his body, &c.
Page 740 - ... 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 47 - 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 50 - 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 97 - B. and the survivor of them, and the heirs of such survivor, in trust to sell...
Page 19 - 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.
Page 166 - Defendants) who should come in and contribute to the expenses of the suit, against the company and all the directors.