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 28
... trust in existence ; and if it were trust property held for some persons unknown , the Crown would be entitled to it ; and it would be absurd in such a case to transfer it into the name of a trustee , merely in order that the Attorney ...
... trust in existence ; and if it were trust property held for some persons unknown , the Crown would be entitled to it ; and it would be absurd in such a case to transfer it into the name of a trustee , merely in order that the Attorney ...
Page 30
... trust at all . The stock was standing in the name of one individual , and there was nothing to raise a doubt as to that person's being beneficially entitled to it . In this case , however , there is every suspicion that the parties in ...
... trust at all . The stock was standing in the name of one individual , and there was nothing to raise a doubt as to that person's being beneficially entitled to it . In this case , however , there is every suspicion that the parties in ...
Page 31
... trust for a father and mother , in certain pro- between Thomas March and Prudence his wife of stock was the one part , and George Russell and George Hodgson of the other part , it was declared that Russell and Hodg son should stand ...
... trust for a father and mother , in certain pro- between Thomas March and Prudence his wife of stock was the one part , and George Russell and George Hodgson of the other part , it was declared that Russell and Hodg son should stand ...
Page 32
... trust for payment of the dividends of one third to Thomas March during his life ) , in trust for George March and John March , children of Thomas and Prudence March , and all and every , other child and children of Thomas March by ...
... trust for payment of the dividends of one third to Thomas March during his life ) , in trust for George March and John March , children of Thomas and Prudence March , and all and every , other child and children of Thomas March by ...
Page 42
... trust , or the arrangement said to have been made in the year 1818 . Now , in order to make it proper to direct that inquiry , it would be necessary to shew that such knowledge and acquiescence would afford a defence , and also that suf ...
... trust , or the arrangement said to have been made in the year 1818 . Now , in order to make it proper to direct that inquiry , it would be necessary to shew that such knowledge and acquiescence would afford a defence , and also that suf ...
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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...