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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volum 2
Oliver Lorenzo Barbour
Uten tilgangsbegrensning - 1864
Reports of Cases Argued and Determined in the Court of Chancery of ..., Volum 3
Oliver Lorenzo Barbour
Uten tilgangsbegrensning - 1859
agreement alleged allowed amount answer appeal application assignment bank bankrupt benefit bond and mortgage Burhans cause charged Charles Wilkes claim complainant contract conveyance conveyed Corse costs counsel court of chancery court of equity death debt debtor deceased decedent decree deed defendant demurrer devised discharge discovery docketed entitled equitable lien equity execution executor fact feme covert filed foreclosure fraud fund granted heirs at law husband infant injunction interest Jacob Harsen judgment debtor land legal title legatees liable lien lots matter ment mortgaged premises Naylor necessary New-York nunc pro tunc obtained Ontario Bank owner paid Paige's Rep parties partnership payment personal estate petition petitioner plainant possession proceedings proceeds provisions purchase question rail-road real estate received reference residuary residuary estate respondents revised statutes share sold subsequent sufficient Sumner surety surrogate testator's thereof tion trust Van Benthuysen vice chancellor wife Wilkes witnesses
Side 61 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Side 53 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Side 55 - England, the Master of the Rolls, the Chief Justice of the Common Pleas, and the Chief Baron of the Exchequer...
Side 332 - When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3.
Side 54 - C'HUDEK. ought to have been submitted to the jury, as a question of fact, whether the parties did or did not come to a substituted agreement. [Erskine J. In Thomas v. Williams it was left to the jury to say, whether the contract had been dissolved by the consent of the parties, with a direction from the learned judge to find for the plaintiff, if they should be of that opinion.] TINDAL...
Side 51 - When any one or more of the subscribing witnesses to such will shall be examined, and the other witnesses are dead, or reside out of the State, or are insane...
Side 532 - The right of the executor or administrator to retain in such cases depends upon the principle that the legatee or distributee is not entitled to his legacy or distributive share, while he retains in his own hands a part of a fund out of which that and other legacies or distributive shares ought to be paid, or which were necessary to extinguish other claims on that fund.
Side 178 - Where a rule, either of the common or the statute law, is direct, and governs the case with all its circumstances, or the particular point, a court of equity is as much bound by it, as a court of law, and can as little justify a departure from it.
Side 103 - But the court proceeds upon the ground, that the complainant has a valuable interest in the good-will of his trade or business; and that having appropriated to himself a particular label, or sign, or trade-mark, indicating to those who...
Side 480 - That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...