Reports of Cases Argued and Determined in the High Court of Chancery: During the Time of Lord Chancellor Cottenham, with a Few in the Time of the Lords Commissioners, and of Sir C. C. Pepys, Master of the Rolls, Volume 3Saunders and Benning, 1839 - Equity |
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Page 40
... creditors which existed at the time , it is to be observed , that almost all , I may say all , the cases in which legatees have been compelled to refund , have been cases in which the assets have been distributed in ignorance of the ...
... creditors which existed at the time , it is to be observed , that almost all , I may say all , the cases in which legatees have been compelled to refund , have been cases in which the assets have been distributed in ignorance of the ...
Page 41
... creditor may follow assets in the hands of legatees to whom they have been delivered in ignorance of the creditor's demand , has been an established prin- ciple of this Court from the earliest period , of the decisions in which we have ...
... creditor may follow assets in the hands of legatees to whom they have been delivered in ignorance of the creditor's demand , has been an established prin- ciple of this Court from the earliest period , of the decisions in which we have ...
Page 42
... creditor has not the same security for the refunding as when the legatee was obliged to give security for that purpose , but he has the personal liability of the legatee . The first proposition , therefore , cannot be maintained in ...
... creditor has not the same security for the refunding as when the legatee was obliged to give security for that purpose , but he has the personal liability of the legatee . The first proposition , therefore , cannot be maintained in ...
Page 116
... creditor is defeated by the subsequent exercise of a power of appointment , created by a deed of a prior date to the judgment ; and that that case has been adopted by the Vice - Chancellor in Tunstall v . Trappes ( c ) , and Eaton v ...
... creditor is defeated by the subsequent exercise of a power of appointment , created by a deed of a prior date to the judgment ; and that that case has been adopted by the Vice - Chancellor in Tunstall v . Trappes ( c ) , and Eaton v ...
Page 117
... creditor who might even be in possession under an elegit , at the date of the appointment , but it would defeat all estates which the donee of the power might have created by conveyance ; and yet it has long been firmly settled that all ...
... creditor who might even be in possession under an elegit , at the date of the appointment , but it would defeat all estates which the donee of the power might have created by conveyance ; and yet it has long been firmly settled that all ...
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Common terms and phrases
act of parliament affidavit aforesaid afterwards alleged amended annuities answer appears applied appointed assigns attorney benefit Bernal bill Birkenhead bond Carmarthen cause charged claim clause codicil costs Court court of equity creditors daughters death debt decease declared decree deed Defendants demurrer Denys directed dividends ELLICOMBE entitled equity execution executors fendants filed fund Gompertz grandson heirs injunction intended interest Isaac Isaac issue John Pinckard judgment Lady Shuckburgh legatees LORD CHANCELLOR Lord Eldon Lordship male descendants male lineal descendant marriage Master ment mentioned Millington Moore mortgage Mylne object ODDIE opinion paid parties payment personal estate petition Plaintiff plea present proceedings provision purchase purpose question referred respect shew Sir John Barrington Sir John Roger Smith solicitor sons suit survivor tail male testator's Thellusson therein thereof tion trust twenty-one Vice-Chancellor wife Wigram WOODFORD words
Popular passages
Page 166 - ... all right, title, interest and equity of redemption of, in and to the said premises ; and the Master is to settle the conveyance if the parties differ about the same.
Page 756 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Page 256 - Defendants, yet on a bill filed in equity, it was referred to the Master to take an account •of what was due to the...
Page 41 - If a creditor does not come in till after the executor has paid away the residue, he is not without remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees, and bring back the fund, he may do so; but he cannot affect the legatees, except by suit; and he cannot affect the executor at all.
Page 727 - A court of equity frequently refuses an injunction where it acknowledges a right, when the conduct of the party complaining has led to the state of things that occasions the application ; and therefore, without saying with whom the right is, whether it is in this lady, or whether it is concurrently in both, I think it is a case in which strict law only ought to govern.
Page 416 - Upon the construction of this statute it hath been holden, that if a trustee has conveyed the lands before execution sued, though he was seised in trust for the defendant at the time of the judgment, the lands cannot be taken in execution...
Page 130 - ... upon trust, as soon as conveniently might be after his decease, to convert the same into money, as therein mentioned.
Page 394 - ... to be filed in the office of the Lord Chancellor's secretary of bankrupts, containing a full and true account of the name or names of the creditor or creditors to whom such unclaimed dividend or dividends is or are...
Page 499 - ... been intrusted. Necessity, which includes the regular course of business in administering the property, will in equity exonerate the personal representative. But if, without such necessity, he be instrumental in giving to the person failing possession of any part of the property, he will be liable...
Page 114 - Rowley by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of and attested by two or more credible witnesses...