Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Том 32Soney & Sage, 1880 |
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Страница 7
... hands of Morgan G. Colt , surviving executor of Roswell Lyman Colt , deceased , and late guardian of Thomas O. Colt , under proceedings under the " Act relative to habitual drunkards , " of all the estate , property and effects of ...
... hands of Morgan G. Colt , surviving executor of Roswell Lyman Colt , deceased , and late guardian of Thomas O. Colt , under proceedings under the " Act relative to habitual drunkards , " of all the estate , property and effects of ...
Страница 17
... hands of the executors , one of whom was his guardian , and he himself was one , also . The complainant claims that he is entitled to so much of that share as is personal estate , and the defendants resist the claim on the ground that ...
... hands of the executors , one of whom was his guardian , and he himself was one , also . The complainant claims that he is entitled to so much of that share as is personal estate , and the defendants resist the claim on the ground that ...
Страница 18
... hand over . " It is undeniable that the legacy vested on the death of the testator . The language by which it is insisted the limitation over in case of death without lawful issue after distribution is created , is not to my mind ...
... hand over . " It is undeniable that the legacy vested on the death of the testator . The language by which it is insisted the limitation over in case of death without lawful issue after distribution is created , is not to my mind ...
Страница 21
... hands of the surviving executors ( they were Aaron S. Pennington and Morgan G. Colt ) , because it was in fact undistributed . Reference in this connection is made by them to the finding of the inquisition in the proceedings before ...
... hands of the surviving executors ( they were Aaron S. Pennington and Morgan G. Colt ) , because it was in fact undistributed . Reference in this connection is made by them to the finding of the inquisition in the proceedings before ...
Страница 22
... hands of the executors , would in nowise affect his claim to the ownership of it absolutely and in severalty . As before stated , the will does not provide for any limitation over in case of death without lawful issue before payment ...
... hands of the executors , would in nowise affect his claim to the ownership of it absolutely and in severalty . As before stated , the will does not provide for any limitation over in case of death without lawful issue before payment ...
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Чести термини и фразе
acres agreement alleged amount annuity answer appears assessment assignment Bank Beav bill bond and mortgage C. E. Gr chancellor claim Colt complainant complainant's consideration contract conveyance conveyed court court of chancery court of equity creditors Dayton death debt deceased declared decree deed defendant deposit divorce East Jersey encumbrance entitled equity evidence executed executors fact filed final hearing foreclosure fraud gage given Graham granted ground hearing on pleadings heirs held husband injunction insolvency intended interest invested Jersey City John judgment land legacy legatee Lehigh Valley liable lien marriage matter mechanics lien Melick ment Morgan G mort mortgage mortgaged premises mortgagor Newark owner paid parties payment person plainant proof purchase question railroad real estate received relief respondent Roswell L says Schenck share sold statute Stew suit testator's testatrix testimony thereof tion trust Vail Vreeland wife Williams
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Страница 407 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Страница 308 - ... contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Страница 37 - And also, all the estate, right, title, interest, dower, and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances...
Страница 36 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances...
Страница 433 - This suit is brought under the act "to compel the determination of claims to real estate in certain cases, and to quiet the title to the same.
Страница 172 - A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed.
Страница 31 - It is clear that a person who seeks to rectify a deed upon the ground of mistake must be required to establish, in the clearest and most satisfactory manner, that the alleged intention to which he desires it to be made conformable continued concurrently in the minds of all parties down to the time of its execution, and also must be able to show exactly and precisely the form to which the deed ought to be brought.
Страница 223 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Страница 230 - When the demands of both parties spring out of the same contract or transaction, the defendant may recoup, although the damages on both sides are unliquidated ; but he can only set off when the demands of both parties are liquidated, or capable of being ascertained by calculation.
Страница 370 - ... faithfully and impartially to examine the matter in question and' to make a true" report according to the best of their skill and understanding...