Reports of Cases Argued and Determined in the High Court of Chancery, from the Year MDCCLXXXIX to MDCCCXVII, with a Digested Index, Volume 10C.C. Little and J. Brown, 1844 - Equity |
Common terms and phrases
affidavit annuity answer ante applied appointment assignment Attorney authority Bank bankrupt bankruptcy benefit bequest bill bond bound Buller Cestui Cestui que trust charity child circumstances codicil consent consideration considered contract conveyance copyhold Court of Equity Court of Exchequer covenant creditors daughter death debt decease declared decree deed Defendant devise directed dividends doctrine doubt effect entitled execution executors farther filed give given grand-children ground heir husband injunction instrument intention interest issue John Buller land lease legacies Lord Alvanley Lord CHANCELLOR Lord Hardwicke Lord Thurlow marriage objection opinion paid party payment personal estate petition Plaintiff principle provision purchase purpose question real estate remainder rents residue Romilly settlement Sir Richard Acton Smith specific performance Statute surety tenant term testator's tion transaction trustees vendor whole wife William words younger children
Popular passages
Page 227 - Sarah his wife, lawfully begotten or to be begotten, equally to be divided between or among them, if more than one, share and share alike, as tenants in common, and not as joint tenants...
Page 223 - So, with regard -to acts done, the words with which those acts are accompanied frequently tend to determine their quality. The party, therefore, to be bound by the act, must be affected by the words. But, except in one or the other of those ways, I do not know how what is said by an agent can be evidence against his principal. The mere assertion of a fact cannot amount to proof of it, though it may have some relation to the business in which the person making that assertion was employed as agent.
Page 205 - ... my said trustees and the survivor of them, and the executors and administrators of such survivor...
Page 341 - ... remainder to the first and other sons of the marriage in tail male; remainder to the first and other...
Page 510 - ... benefit it is to be administered, are to be found in a will, not expressly creating a trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the court as evidence, that the mind of the testator was not to create a trust; and the difficulty, that would be imposed upon the court to say, what should be so applied, or to what objects, has been the foundation of the argument, that no trust was intended.
Page 469 - ... it is a very old head of equity that if a representation is made to another person, going to deal in a matter of interest upon the faith of that representation, the former shall make that representation good if he knows it to be false.
Page 355 - It is not competent to him afterwards to say, though he has valuable Interests, he has not the entirety ; and therefore the purchaser shall not have the benefit of his contract For the purpose of this Jurisdiction, the person contracting under...
Page 355 - For the purpose of this jurisdiction, the person contracting under those circumstances is bound by the assertion in his contract ; and if the vendee chooses to take as much as he can have, he has a right to that, and to an abatement; and the court will not hear the objection by the vendor, that the purchaser cannot have the whole.
Page 227 - ... to the use of such surviving and only son, and the heirs of his body; and, for default of such issue...
Page 403 - So that in fact, in all cases, where a purchase has been made by a trustee on his own account of the estate of his cestui que trust, although sold at public auction, it is in the option of the cestui...