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according admitted affidavit annuity answer ante appears applied appointment assignees authority Bank bankrupt bankruptcy benefit bill bond called cause charge circumstances claim clear Commission consideration considered contract Court creditors dated daughter death debts decree deed Defendant devise difficulty directed dispose doubt effect entitled equity evidence execution executors expressed fact farther filed fund give given granted ground hands heir held husband injunction instance intention interest issue John land legacies Lord CHANCELLOR marriage Master mean mortgage nature objection opinion paid particular party pass payment personal estate Plaintiff possession principle produce proved provision purchase question real estate reason received reference remainder rents residue respect rule settlement specific Statute sufficient Suppose taken tenant tion trustees unless whole wife witness
Stran 398 - The above instrument was at the date thereof signed sealed published and declared by the said John Peter Brownyard as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Stran 331 - this doctrine, as to purchases by trustees, assignees, and persons having a confidential character, stands much more upon general principle, than upon the circumstances of any individual case. It rests upon this, that the purchase is not permitted in any case, however honest the circumstances...
Stran 512 - Body and knowing it is appointed for all men once to died do make and ordain this to be my Last Will and Testament in manner and form following.
Stran 396 - All evidence of handwriting, except where the witness sees the document written, is in its nature comparison. It is the belief which a witness entertains upon comparing the writing in question with an exemplar in his mind derived from some previous knowledge.
Stran 398 - July in the year of our LORD CHRIST, One Thousand, Seven Hundred and Sixty one and in the First year of our Reign.
Stran 362 - ... liable to the whole of the debt a copyhold estate, not in law liable; and who, having also a freehold estate, must be understood to mean, that the freehold estate shall be liable according to law to his specialty debts. The case is exactly the same with reference to the distinction taken, that, where lands are specifically devised, the legatees shall not stand in the place of the creditors against the devisees; for that is upon the supposition, that there is in the will as strong an inclination...
Stran 441 - ... his title to a specific performance in opposition to the policy of the law. Upon the first ground therefore there is difficulty enough to make me pause, before I should follow the two last authorities ; and I am not sure, whether it is not proper to have the judgment of the House of Lords, to determine, which of these decisions ought to bind us. As to the expression, used by Lord Cowper, that this jurisdiction is to be very sparingly exercised, certainly it is very dissatisfactory to be informed,...
Stran 362 - In the cases of legatees against assets descended, a legatee has not so strong a claim to this species of equity as a creditor. But the mere bounty of the testator enables the legatee to call for this species of marshalling ; that, if those creditors, having a right to go to the real estate descended, will go to the personal estate, the choice of the creditors shall not determine whether the legatees shall be paid or riot.
Stran 355 - Court, that if a creditor has two funds, he shall take his satisfaction out of that fund upon which another creditor has no lien.
Stran 331 - This doctrine as to purchases by trustees, assignees, and persons having a confidential character, stands much more upon general principle than upon the circumstances of any individual case. It rests upon this ; that the purchase is not permitted in any case, however honest the circumstances ; the general interests of justice requiring it to be destroyed in every instance ; as no Court is equal to the examination and ascertainment of the truth in much the greater number of cases.