Select Cases and Other Authorities on the Law of Property, Volume 4C. W. Sever, 1890 - Personal property |
From inside the book
Results 1-5 of 57
Page 26
... mortgage of a suffi- cient part of his said lands , and subject to the said several charges and trust he gave the said lands , after the decease of his wife , to his said son , his heirs , executors , administrators , and assigns . The ...
... mortgage of a suffi- cient part of his said lands , and subject to the said several charges and trust he gave the said lands , after the decease of his wife , to his said son , his heirs , executors , administrators , and assigns . The ...
Page 65
... mortgage and a separate receipt taken for the considera- tion money , and the receipt is delivered over , it could not be a delivery of possession . Upon the whole I am of opinion this gift is not valid , without a transfer , or ...
... mortgage and a separate receipt taken for the considera- tion money , and the receipt is delivered over , it could not be a delivery of possession . Upon the whole I am of opinion this gift is not valid , without a transfer , or ...
Page 66
... mortgage in question , and a separate receipt had been taken for the mortgage - money , not on the back of the deed ( which was a very common way formerly , and is frequently seen in the evidence of ancient titles ) , and mortgagee had ...
... mortgage in question , and a separate receipt had been taken for the mortgage - money , not on the back of the deed ( which was a very common way formerly , and is frequently seen in the evidence of ancient titles ) , and mortgagee had ...
Page 73
... mortgage security cannot by law be given by way of donatio mortis causa , the appellant , Emily Frances Duffield , was not entitled to the mortgage money's secured by the indentures of the 2d and 3d of November , 1820 , and the bond of ...
... mortgage security cannot by law be given by way of donatio mortis causa , the appellant , Emily Frances Duffield , was not entitled to the mortgage money's secured by the indentures of the 2d and 3d of November , 1820 , and the bond of ...
Page 74
... mortgages and the bond were or were not given in such a manner as constituted a good donatio mortis causa , if there be no objection to the fact , that the sub- ject of the mortgage was an interest in real estate , I do not apprehend ...
... mortgages and the bond were or were not given in such a manner as constituted a good donatio mortis causa , if there be no objection to the fact , that the sub- ject of the mortgage was an interest in real estate , I do not apprehend ...
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Common terms and phrases
action administration admitted afterwards alleged annuities appears appointed assets attesting witnesses authority bequest bond cancelling CHANCERY charge circumstances cited clause codicil Court of Equity COURT OF PROBATE creditor death debt deceased decision declaration decree defendant delivery devise died dispose disposition donatio mortis causa duly executed ecclesiastical courts effect entitled equity executor executrix fact fee simple freehold gift give given granted heir held hereditaments husband instrument intention interest intestate John John Fox judgment jury lands legacy Lord LORD CHANCELLOR Lord Hardwicke Lord Penzance marriage Mary Monck opinion paper parol evidence party payment personal estate plaintiff plea possession presence proved question real estate reference rent Reported residuary legatee residue revocation revoked rule second codicil seised signature signed special occupant Statute of Frauds sufficient testament testamentary testator testator's testatrix thereof tion tort trust valid verdict void widow wife William words writing written
Popular passages
Page 289 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 132 - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Page 782 - 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.
Page 131 - That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions) . XIX.
Page 261 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 285 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Page 279 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 745 - ... and if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the...
Page 576 - Act all rents, annuities, dividends, and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise) shall, like interest on money lent, be considered as accruing from day to day, and shall be apportionable in respect of time accordingly.
Page 744 - AB or into the hands and possession of auv other person or persons for him, and the same so made do exhibit or cause to be exhibited into the registry...