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Irish Chancery Reports: Being a Series of Reports of Cases Argued ..., Volum 2
Uten tilgangsbegrensning - 1854
Abbott affidavit amount annuity appears applied appointed Argument assigns ATTORNEY authority bearing benefit bound Caldbeck called cause Chancery charge circumstances claim Commissioners consideration considered contained contract Corporation costs council Court covenant creditors Darcy Davies death debt decided decree deed demand directed discharge effect entered entitled equity executed executor fact filed fund further give grant ground heirs held Incumbered indenture intention interest issue John judgment lands lease lives Lord LORD CHANCELLOR Master mentioned mortgage motion notice objection obtained opinion paid parties payment person petition petitioner plaintiff portion possession premises present principle proceedings provisions purchaser question raised rates receiver referred remainder renewal rents respect respondent reversion Richard Rolls rule settlement Smith solicitor Statement suit taken tenant term thereof Thomas tion trust vested Ward wife
Side 263 - ... (as the case may be), including the day of the death of such person, or of the determination of his or her interest, all just allowances and deductions in respect of charges on such rents, annuities, pensions, dividends, moduses, compositions, and other payments being made...
Side 8 - I conceive the rule of construction to be that words accompanying a gift or bequest expressive of confidence, or belief, or desire, or hope that a particular application will be made of such bequest, will be deemed to import a trust...
Side 7 - The real question in these cases, always is whether the wish or desire or recommendation that is expressed by the testator, is meant to govern the conduct of the party to whom it is addressed, or whether it is merely an indication of that which he thinks would be a reasonable exercise of the discretion of the party ; leaving it, however, to the party, to exercise his own discretion.
Side 111 - ... or the survivor of them, or the executors, administrators, or assigns of such survivor...
Side 31 - We speak familiarly of equitable set-off, as distinguished from the set-off at law ; but it will be found that this equitable set-off exists in cases where the party seeking the benefit of it can show some equitable ground for being protected against his adversary's demand.
Side 57 - The question before us is whether Spencer Hitch, Jr., mentioned in the said eleventh and last item of said will, took a life-estate or an estate in fee-simple under and by virtue of the said last will and testament of Spencer Hitch, Sr., deceased.
Side 250 - BO far as regards the application of the rents and profits to the maintenance of the wife and children ? It was admitted on all hands, that the parties to the deed did not contemplate a fraud ; but the transaction is in its very nature fraudulent. Though the parties had no fraud in view, the deeds themselves are fraudulent. If the tenant for life procured any person to advance money to him on the security of the property, in that event, and in that event only, was the instrument in question to have...
Side 157 - By accepting of a trust of this sort, a person is obliged to execute it with fidelity and reasonable diligence; and it is no excuse to say that they had no benefit from it, but that it was merely honorary * * * ; and therefore they are within the case of common trustees.
Side 7 - The point really to be decided in all these cases, is whether, looking at the whole context of the will, the testator has meant to impose an obligation, on his legatee, to carry his express wishes into effect, or whether, having expressed his wishes, he has meant to leave it to the legatee to act on them or not at his discretion.