Reports of Cases Determined in the Court of Chancery of the State of New-Jersey, [1834-1845], Volume 1E. Sanderson, 1846 - Equity |
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Page 20
... says , " A court of equity is as much bound by positive rules and general maxims concerning property , ( though the reason of them may have ceased , ) as a court of law ; and if the intention of a testator be contrary to the rules of ...
... says , " A court of equity is as much bound by positive rules and general maxims concerning property , ( though the reason of them may have ceased , ) as a court of law ; and if the intention of a testator be contrary to the rules of ...
Page 21
... says , there is no exception to the rule , nor any reason why there should be . And Maddock , in the first volume of his treatise , page 452 , confirms the rule , and states the only difference to be , CC that where a trust estate is ...
... says , there is no exception to the rule , nor any reason why there should be . And Maddock , in the first volume of his treatise , page 452 , confirms the rule , and states the only difference to be , CC that where a trust estate is ...
Page 22
... says , " The devi- sor seems to have had two intentions , which are inconsistent ; one was to give an estate in fee ... say , that such estate shall not be subject to all the restraints imposed upon it by law . If this doctrine be ...
... says , " The devi- sor seems to have had two intentions , which are inconsistent ; one was to give an estate in fee ... say , that such estate shall not be subject to all the restraints imposed upon it by law . If this doctrine be ...
Page 25
... says , " I am of opinion it will not , because here is a sort of seizin in the wife . " This case sustains the rule , that the intention must be in con- formity with the rules of law , and at the same time points out the distinction ...
... says , " I am of opinion it will not , because here is a sort of seizin in the wife . " This case sustains the rule , that the intention must be in con- formity with the rules of law , and at the same time points out the distinction ...
Page 27
... says , " that if an estate of freehold be limited to trustees for the sole and separate use of a married woman and her heirs , although such a limitation would entitle her to the rents and profits during the marriage , and would enable ...
... says , " that if an estate of freehold be limited to trustees for the sole and separate use of a married woman and her heirs , although such a limitation would entitle her to the rents and profits during the marriage , and would enable ...
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Common terms and phrases
acres aforesaid agreement alleged amount answer appears applied appointed Associate Reformed church bill bond and mortgage Canal and Banking cause Chan chancellor charge claim complainant complainant's contract conveyance conveyed counsel court of chancery court of equity creditors Daniel Newbold debts deceased decree deed defendant defendant's denies devise eighteen hundred entitled equity of redemption evidence Ex'rs execution executors farm fee simple feme feme covert feme sole filed fraud Hedden heirs hundred and forty husband injunction insolvent intention interest interpleader Isaac Cole Jersey City John judgment land lease Leaycraft legacies lord mill Monroe Manufacturing Morris Canal Mullany New-Jersey New-York paid parties Patrick McGinnis payment personal estate plainant possession premises presbyteries proceedings real estate receivers rent rule separate estate settled Shreve sold suit surrogate synod term theological seminary thereof thousand dollars tion township trust Vansciven Vesey wife witness
Popular passages
Page 270 - And it is further ordered that a copy of this order be forthwith served upon each of the defendants herein.
Page 382 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the. estate...
Page 467 - Court for a rule to show cause why the verdict should not be set aside, and a new trial had.
Page 498 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Page 384 - Act. in as full and ample a manner to all intents and purposes as if the same privileges and protections were repeated and re-enacted in this Act.
Page 316 - In witness whereof, the parties have hereunto set their hands and seals, the day and year above written.
Page 211 - WHEREFORE, your petitioners respectfully pray that a writ of certiorari may be issued out of and under the seal of this Court directed to the...
Page 360 - I will and direct, that all my just debts and funeral expenses be paid and discharged, as soon as conveniently may be after my decease, by my executors.
Page 178 - Lord one thousand eight hundred and nineteen, made and executed his last will and testament, in due form of law to pass real estate, and...
Page 443 - There is no doubt of the jurisdiction of Courts of Equity to grant relief against a former decree, where the same has been obtained by fraud and imposition ; for these will infect judgments at law and decrees of all Courts ; but they annul the whole in the consideration 'of Courts of Equity.