American Law Magazine, Volume 2Rothman., 1844 |
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Results 1-5 of 27
Page 75
... was denied to limitations over . An exception arose in the case of a limitation by will , which was held good 1 3 Kent Comm . 401 . * 2 Bl . Comm . 162 . as an executory devise . Now through the medium of PERSONAL HEREDITAMENTS . 75.
... was denied to limitations over . An exception arose in the case of a limitation by will , which was held good 1 3 Kent Comm . 401 . * 2 Bl . Comm . 162 . as an executory devise . Now through the medium of PERSONAL HEREDITAMENTS . 75.
Page 76
as an executory devise . Now through the medium of trusts , as secure provision may be made in future for the issue of a marriage by the settlement of personal as of real estate.1 Still all estates and interests in personalty are ...
as an executory devise . Now through the medium of trusts , as secure provision may be made in future for the issue of a marriage by the settlement of personal as of real estate.1 Still all estates and interests in personalty are ...
Page 82
... executory devise , or through the medium of a trust . It is the perpetual character of an annuity , which is a continu- ing obligation as well on the grantor as on his heirs , so long as they have assets by descent , which admits of the ...
... executory devise , or through the medium of a trust . It is the perpetual character of an annuity , which is a continu- ing obligation as well on the grantor as on his heirs , so long as they have assets by descent , which admits of the ...
Page 88
... executory devise . But the intention also is , that if the devisee shall have issue , he shall take an estate descendible only to such issue . This is an estate tail . When an estate is devised to one and to his heirs , and if he shall ...
... executory devise . But the intention also is , that if the devisee shall have issue , he shall take an estate descendible only to such issue . This is an estate tail . When an estate is devised to one and to his heirs , and if he shall ...
Page 91
... executory devise . Originally the effect of this construction must have been to defeat the principal intent of devisors in innumerable cases ; but the words which influenced the decision in the case of Pells v . Brown , have acquired a ...
... executory devise . Originally the effect of this construction must have been to defeat the principal intent of devisors in innumerable cases ; but the words which influenced the decision in the case of Pells v . Brown , have acquired a ...
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Common terms and phrases
action afterwards alien alleged annuity applied appointed assignment assumpsit attorney authority bill bond chancellor cited claim collateral warranty common law contract court of chancery court of equity coverture creditors curtesy death debt deceased decisions declaration decree deed defendant delivered descent discharge dower entitled equity estate tail evidence execution executors executory devise failure of issue fraud given heirs Held husband intention interest judge judgment jurisdiction jury justice land leaving issue legacies limitation lord Eldon lord Kenyon lord Mansfield marriage mortgage notice opinion paid party payable payment personal estate personal property plaintiff plea pleaded possession premises principal promissory note purchase question Rawle real estate received rent Reports rule statute statute of frauds sufficient suit surety tenant term tion trust vested Vict vols volume warranty widow wife William Rawle witness words
Popular passages
Page 114 - That in any devise or bequest of real or personal estate, the words <die without issue,' or <die without leaving issue,' or < have no issue,' or any other words which may import either a want cr failure of issue, of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall...
Page 445 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.
Page 196 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the court is passive, and does nothing.
Page 396 - ... goods in the order and disposition of the bankrupt at the time of the bankruptcy, under 6 Geo.
Page 202 - Regulations of this description have always been considered, in every civilized community, as properly belonging to the remedy, to be exercised or not by every sovereignty, according to its own views of policy and humanity.
Page 346 - ALL the several pleas and excuses, which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. An involuntary act, as it has no claim to merit, so neither can it induce any guilt : the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable.
Page 222 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence.
Page 201 - If the laws of the State passed afterwards had done nothing more than change the remedy upon contracts of this description, they would be liable to no constitutional objection. For undoubtedly, a State may regulate at pleasure the modes of proceeding in its courts in relation to past contracts as well as future.
Page 356 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons; as, for instance, where at the time of the commission of the alleged crime, the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or avenging some supposed grievance or injury, or of producing some supposed public benefit ?
Page 262 - Fame is the spur that the clear spirit doth raise (That last infirmity of noble mind) To scorn delights and live laborious days; But the fair guerdon when we hope to find, And think to burst out into sudden blaze, Comes the blind Fury with the abhorred shears, And slits the thin-spun life. "But not the praise...