Reports of Cases Argued and Determined in the Superior Court of the City of New York, Том 10W.C. Little & Company, 1856 |
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Страница 477
... Langdon v . Astor's Executors . sum , with interest , which it is admitted that he expended ; and placing our decision upon these grounds , it is unnecessary , and would be improper , to express any opinion upon the legal con- struction ...
... Langdon v . Astor's Executors . sum , with interest , which it is admitted that he expended ; and placing our decision upon these grounds , it is unnecessary , and would be improper , to express any opinion upon the legal con- struction ...
Страница 478
... Langdon v . Astor's Executors . several bequests should be made up , by purchases at the expense of his estate of similar stock or funds , and to the same amount ; " and by a clause in the sixth codicil this provision was made ...
... Langdon v . Astor's Executors . several bequests should be made up , by purchases at the expense of his estate of similar stock or funds , and to the same amount ; " and by a clause in the sixth codicil this provision was made ...
Страница 479
... Langdon v . Astor's Executors . Fourth . That the satisfaction of a legacy by a subsequent advancement or gift is , in all cases , a question of intention , and that the intention must either be pre- sumed or be established by positive ...
... Langdon v . Astor's Executors . Fourth . That the satisfaction of a legacy by a subsequent advancement or gift is , in all cases , a question of intention , and that the intention must either be pre- sumed or be established by positive ...
Страница 480
... Langdon v . Astor's Executors . Third . That the entries in the testator's books , if unconnected with the clause relative to advancements in the first codicil , were not legal evidence of the intentions of the testator . Fourth . That ...
... Langdon v . Astor's Executors . Third . That the entries in the testator's books , if unconnected with the clause relative to advancements in the first codicil , were not legal evidence of the intentions of the testator . Fourth . That ...
Страница 481
... Langdon v . Astor's Executors . Seventh . The legacies having been attempted to be satisfied , and the evidence tending to show that the plaintiff accepted of the transfers , knowing they were made , as being transfers of property ...
... Langdon v . Astor's Executors . Seventh . The legacies having been attempted to be satisfied , and the evidence tending to show that the plaintiff accepted of the transfers , knowing they were made , as being transfers of property ...
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Чести термини и фразе
adeemed ademption advances agreement alleged amended amount answer appeal application Astor's Executors authority bequeathed bequest bill bill of lading BOSWORTH cause of action cent charge Charles Henry Hall claim clause Code codicil Common Council Company complaint construction contract corporation costs counsel court court of equity damages Daniel E debt declared deed defendants delivered delivery denied DUER effect entitled entry evidence execution fact fraud Furniss given grant ground Insurance intention interest issue Jacob Sharp John John Cook judge judgment jury Langdon legacies liable lots Mayor ment mortgage necessary opinion owner paid parties payment person plaintiff pleadings possession premises proof proved provisions purchaser question railroad recover reference rendered Reports revocation revoked rule sold statute of frauds street subsequent testator thereof tion Toll & McArdle trial trust Tylee valid verdict void vols wall Wend witness words York
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Страница 636 - Every such action shall be brought by and in the names of the personal representatives of such deceased person ; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate...
Страница 637 - Drew. therefore, enacted, &c., that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 155 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Страница 568 - ... some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to bo executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Страница 636 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Страница 157 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Страница 637 - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
Страница 640 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Страница 115 - No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department ; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.
Страница 637 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who...