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 |
From inside the book
Results 1-5 of 100
Page 25
... two deceased persons ; but directed the Master to inquire who was entitled to the stock , with liberty to state special circumstances . 1837 . Ex parte RAM . Stephen George Ram died CASES IN CHANCERY . 25 Ex parte RAM. ...
... two deceased persons ; but directed the Master to inquire who was entitled to the stock , with liberty to state special circumstances . 1837 . Ex parte RAM . Stephen George Ram died CASES IN CHANCERY . 25 Ex parte RAM. ...
Page 29
... directed that a petition to this Court should be presented , if the Bank should not be satisfied of the " legality " of the claim ; an expression which clearly shewed that it was only intended that the legal title should be established ...
... directed that a petition to this Court should be presented , if the Bank should not be satisfied of the " legality " of the claim ; an expression which clearly shewed that it was only intended that the legal title should be established ...
Page 37
... directed of what had been paid to each of the legatees ; and an account of Sarah Matson's assets was directed ; and it was declared that Sarah Prudence Arrowsmith , as her residuary legatee , to the extent of the sum received by her ...
... directed of what had been paid to each of the legatees ; and an account of Sarah Matson's assets was directed ; and it was declared that Sarah Prudence Arrowsmith , as her residuary legatee , to the extent of the sum received by her ...
Page 38
... directed , whether Mary Smith had re- ceived any thing , and what , in respect of Grant's re- siduary personal estate ; and it was ordered , that what should appear to have been received by her , should be answered by Ray out of her ...
... directed , whether Mary Smith had re- ceived any thing , and what , in respect of Grant's re- siduary personal estate ; and it was ordered , that what should appear to have been received by her , should be answered by Ray out of her ...
Page 39
... directed whether they were not cognizant of that administration . In an unreported case of Smith v . Birch , Sir John Leach , in the year 1831 , under circumstances resembling the present , directed an inquiry such as was now asked for ...
... directed whether they were not cognizant of that administration . In an unreported case of Smith v . Birch , Sir John Leach , in the year 1831 , under circumstances resembling the present , directed an inquiry such as was now asked for ...
Other editions - View all
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...