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 |
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Page 22
... interest as the testa- tor intended . If , according to the argument , the children would take estates only for life , the necessary consequence is , that the parent must take an estate tail ; otherwise the intention of the testator is ...
... interest as the testa- tor intended . If , according to the argument , the children would take estates only for life , the necessary consequence is , that the parent must take an estate tail ; otherwise the intention of the testator is ...
Page 29
... interest in it , the same as if he had given him a horse . To effect this intention the Courts have gone great lengths , to supply by other words and implications , the want of express words of in- heritance . This is the only case in ...
... interest in it , the same as if he had given him a horse . To effect this intention the Courts have gone great lengths , to supply by other words and implications , the want of express words of in- heritance . This is the only case in ...
Page 31
... interest in opposition to the words of the will . The particular intent of the testator shall be sacrificed in favour of his general intent . The leading authority on the first rule is Ro- binson v . Robinson . * There the testator ...
... interest in opposition to the words of the will . The particular intent of the testator shall be sacrificed in favour of his general intent . The leading authority on the first rule is Ro- binson v . Robinson . * There the testator ...
Page 39
... interest which the testator intended . The very decision in their favour gives them merely life estates as tenants in common , which in event might not give to them any beneficial interest . In all the cases which it is possible to cite ...
... interest which the testator intended . The very decision in their favour gives them merely life estates as tenants in common , which in event might not give to them any beneficial interest . In all the cases which it is possible to cite ...
Page 76
... interest beyond 5 per cent . upon the security of lands , & c . in Ireland and the West Indies and the assignment of such secu- rities . It enacts that such contracts and assignments made and executed in Great Britain shall be as valid ...
... interest beyond 5 per cent . upon the security of lands , & c . in Ireland and the West Indies and the assignment of such secu- rities . It enacts that such contracts and assignments made and executed in Great Britain shall be as valid ...
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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.