Reports of Cases Argued and Determined in the High Court of Chancery: In the Time of Lord Chancellor Eldon, Volume 3; Volume 30W. Clarke and Sons, law booksellers, 1818 - Equity |
Common terms and phrases
Act of Parliament Affidavit aforesaid Age of twenty-one alledged Answer Appointment Assignees attaining twenty-one Bankrupt Bequest Bill Botfields Breach CARTIER Charles Churchill Child or Children Chorlton Circumstances Clause Codicil Commission of Bankruptcy Commissioners Costs Court Court of Equity Covenant CRIDLAND Daughter Death Debt Decease declared Defendant Dividend Effect Elizabeth entitled Equity Evidence Executors Expence farther fendants filed Fraud Fund give Grandchildren Gwill Hart Heir HOWGRAVE Injunction Interest Issue James William Wild John Israil joint Commission joint Creditors Land Leach Legacies Legatees Life-time LINCOLN'S INN Lord CHANCELLOR Lord RANELAGH Maria Walpole Master ment Money Mortgage Motion Order ORFORD paid Parents Partnership Party Payment personal Estate Peter Wyche Petition Petitioner Plaintiff prayed Proceedings Property proved Purchaser Question residuary ROLLS ruptcy separate Commission separate Estate Settlement shews Sir Samuel Romilly Sisters Slaney Stat Statute of Frauds surviving Tenant Testator's tion Title Deeds Trustees unto Wife Word
Popular passages
Page 83 - Bache to hold to them for and during their natural lives, and the life of the longest liver of them, and from and after the decease of the survivor of them...
Page 80 - Years and in such Proportions and Manner as the said Peter Wyche shall by any Deed or Writing under his Hand and Seal, executed by him in the Presence...
Page 122 - Utterson by his Will, dated the 21st July, 1794, gave and devised to Trustees the Residue of his real and personal Estate upon Trust to sell, and to divide the Proceeds amongst all his Children equally ; whom he had previously enumerated by the Names of Edward, Louisa, Harriet, Eliza, John James, Emily, and Alfred Gibson : but an Interlineation was introduced, excepting his Son John James, to whom he only bequeathed one Shilling ; and by the fifth Codicil, dated the SOih of June, 1803, the Testator...
Page 83 - Mortgage thereof, or a competent Part thereof, for all or any Part ' of the said Term raise and pay the yearly Sum of £200 to the said John Lord Sack...
Page 188 - July 11. Dear Sir, I have just received yours ; and am glad you have determined to purchase the Watering Farm, as I think it will be an Accommodation to you. I fear you will find but little Timber upon the Estate ; whatever there may be is at your Service included in the Purchase Money. I have written to Mr. Boulton; who will confer with Mr. Arnold respecting the Title; and I will write to Mr. Harvey to inform him you have agreed to purchase the Estate. I remain, 8tc.
Page 85 - If the settlement clearly and unequivocally makes the right of the child to a provision depend upon its surviving both or either of the parents, a Court of Equity has no authority to control that disposition. If the settlement is incorrectly or ambiguously expressed, if it contains conflicting and contradictory clauses, so as to leave, in a degree, uncertain the period at which, or the contingency upon which, the shares are to vest, the Court...
Page 192 - ... on further consideration, resumed their former track. In Western v. Russell (3 Vesey & Beames, 192) the master of the rolls declared he was hardly at liberty, notwithstanding the considerable doubt thrown upon the point by Lord Redesdale, to refuse a special performance of a contract to sell land, upon the ground that there was no agreement signed by the party seeking a performance ; and in Ormond v.
Page 81 - Children" they may happen to have, the said Lands so to be purchased shall not be equally divided amongst such Children, but shall be limited to the Use and Behoof of the first and every other Son and Sons of the said Peter Wyche and Elizabeth his Wife successively in Tail Male, &c. with Remainders to the Daughters, and to the right Heirs of the Survivor of Peter Wyche and Elizabeth his Wife for ever. The Settlement also contained a Covenant on the Part of the Husband, that his Representatives, in...
Page 124 - If that is the fair Inference from the Obliteration, as I think it is, the Consequence is, that the Will is set up again with regard to the Plaintiff; and he is entitled to the Decree he prays.
Page 35 - Iiis separate Creditors should resist the Restoration of that, which the separate Debtor, from whom they seek Payment, has so unrighteously, against the Consent of his Partners, and in Fraud of their Contract, taken out of the joint Fund.