Reports of Cases Argued and Determined in the Superior Court of the City of New York, Volume 10W.C. Little & Company, 1856 - Law reports, digests, etc |
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Page 235
... testator , and not authorized to make repairs , cannot charge the personal estate in their hands with the cost of repairs , although made under a contract with one of them , as an executor . The executor making the contract may be ...
... testator , and not authorized to make repairs , cannot charge the personal estate in their hands with the cost of repairs , although made under a contract with one of them , as an executor . The executor making the contract may be ...
Page 239
... testator devised to his wife and children . ( Admitting , for the purpose of this question , that the testator died seized of the premises mentioned in the complaint , and that no disposition has been made of the premises since testator's ...
... testator devised to his wife and children . ( Admitting , for the purpose of this question , that the testator died seized of the premises mentioned in the complaint , and that no disposition has been made of the premises since testator's ...
Page 240
... testator , immediately on his decease , entered into the receipts from the tenants of the rents of all the real estate of the testator , and continued to receive them until her marriage , and has continued from the time of her marriage ...
... testator , immediately on his decease , entered into the receipts from the tenants of the rents of all the real estate of the testator , and continued to receive them until her marriage , and has continued from the time of her marriage ...
Page 356
... testator's family . ( 5 Barn . & Ald . 917. ) 3. This is the natural and proper sense of the words used , and there is nothing in the clause , nor in any other part of the will , to require or authorize the rejection of the disjunctive ...
... testator's family . ( 5 Barn . & Ald . 917. ) 3. This is the natural and proper sense of the words used , and there is nothing in the clause , nor in any other part of the will , to require or authorize the rejection of the disjunctive ...
Page 358
... testator , the word " or , " in the fifth clause of the will , must be construed " and , " so as to make the limitation over depend upon the con- tingency of the death of one or more of the children under age , without issue then living ...
... testator , the word " or , " in the fifth clause of the will , must be construed " and , " so as to make the limitation over depend upon the con- tingency of the death of one or more of the children under age , without issue then living ...
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Common terms and phrases
adeemed ademption advances agreement alleged amended amount answer appeal application Astor's Executors authority bequeathed bequest bill bill of lading BOSWORTH cause of action cent charge Charles Henry Hall claim clause Code codicil Common Council Company complaint construction contract corporation costs counsel court court of equity damages Daniel E debt declared deed defendants delivered delivery denied DUER effect entitled entry evidence execution fact fraud Furniss given grant ground Insurance intention interest issue Jacob Sharp John John Cook judge judgment jury Langdon legacies liable lots Mayor ment mortgage necessary opinion owner paid parties payment person plaintiff pleadings possession premises proof proved provisions purchaser question railroad recover reference rendered Reports revocation revoked rule sold statute of frauds street subsequent testator thereof tion Toll & McArdle trial trust Tylee valid verdict void vols wall Wend witness words York
Popular passages
Page 636 - Every such action shall be brought by and in the names of the personal representatives of such deceased person ; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 637 - Drew. therefore, enacted, &c., that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 155 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 568 - ... some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to bo executed, or 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 636 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Page 157 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 637 - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
Page 640 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 115 - No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department ; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.
Page 637 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who...