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" It is a maxim in a court of equity not to permit the same person to hold under and against a will. If, therefore, it be manifest from the face of the will, that the testator did not intend the provision it contains for his widow to be in addition to her... "
Reports of Cases Decided in the High Court of Chancery: By the Right Hon ... - Side 16
av Great Britain. Court of Chancery - 1836
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 11

United States. Supreme Court - 1816 - 680 sider
...permit the &OTHERS. same person to hold under and against a will. If there* fore it be manifest, from the face of the will, that the testator did not intend the provision it contains for his widow to be in addition to her dower, but to be in Hen of it; if . his...
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Reports of Cases Argued and Determined in the Court of Exchequer: From ...

Great Britain. Court of Exchequer, George Price - 1821 - 772 sider
...must go to the heir at law, as being an undevised part of the real estate. It was also much urged, that it appeared on the face of the will that the testator meant not only a benefit to his widow by increasing his personal residue out of the Rowney estate,...
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Reports of Cases Argued and Determined in the High Court ..., Volum 2;Volum 25

Great Britain. Court of Chancery - 1827 - 858 sider
...of the Court upon the face of the will, is one of those cases, in which there can be no doubt upon the face of the will, that the testator did not intend the Defendant to take the residue. The frame of the will is very bountiful to her in one respect. She was...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1830 - 1076 sider
...for the plaintiff: Mr. Girdlestone, contra. In support of the claim of Elizabeth it was contended, that it appeared, on the face of the will, that the testator considered her as his grand-daughter, and that, if she did not take, there was no other person to answer...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1841 - 922 sider
...expressions, or by a general intention apparent upon the whole will ; and that, if it be plainly manifest upon the face of the will that the testator did not intend the general devise to operate upon the reversion, it will not pass by it. The heir is the favourite of...
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A Treatise on the Law of Legacies, Volum 2

Roper Stote Donnison Roper, Henry Hopley White - 1847 - 1000 sider
...satisfaction of the bond. Sir Lancelot Shadwell, VC, decided in the negative, expressing his opinion that it appeared on the face of the will, that the testator did not intend the legacy should be a satisfaction of the bond ; as the settlement was clearly in his recollection when he made...
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Reports of Decisions in the Supreme Court of the United States ..., Volum 2

United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 754 sider
...equity not to permit the same person to hold under and against a will. If therefore it be manifest, from the face of the will, that the testator did not intend the provision it contains for his widow to be in addition to her dower, but to be in lieu of it ; if his...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 39

Illinois. Supreme Court - 1868 - 730 sider
...court of equity not to permit the same person to hold under and against a will. If it be manifest, from the face of the will, that the testator did not intend the provision it contains for his widow to be in addition to her dower, but to be in lieu of it, if his...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volum 5

New York (State) - 1863 - 1026 sider
...discharged or belongs to the executors, and is not to be distributed among the next of kiu, unless it appear on the face of the will that the testator did not intend to discharge the debt, 2 Oowen's Eep. 809. Few persons are aware of this rule; and as well to avoid...
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Commentaries on the Law of Married Women: Under the Statutes of the ..., Volum 1

Joel Prentiss Bishop - 1878 - 790 sider
...not to permit the same person to hold under and against a will. If, therefore, it be manifest from the face of the will that the testator did not intend the provision it contains for his widow to be in addition to her dower, but to be in lieu of it, — if...
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