Reports of Cases Adjudged and Determined in the Court of Chancery, of the State of Delaware, Volume 4

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T. & J. W. Johnson & Company, 1884
 

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Palavras e frases frequentes

Passagens conhecidas

Página 290 - I direct first that all my just debts and funeral expenses be paid as soon after my decease as possible, out of the first moneys that shall come into the hands of my executor from any portion of my estate, real or personal.
Página 238 - Yet it is apparent, that if giving this form to the contract will afford a cover which conceals it from judicial investigation, the statute would become a dead letter. Courts, therefore, perceived the necessity of disregarding the form, and examining into the real nature of the transaction. If that be in fact a loan, no shift or device will protect it.
Página 10 - And as to my worldly estate, and all the property, real and personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease.
Página 652 - All the laws which have heretofore been adopted, used and approved in the Province, Colony or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
Página 652 - That the common law of England, as well as so much of the statute law, as have been heretofore practised in this Colony, shall still remain in force, until they shall be altered by a future law of the Legislature; such parts only excepted, as are repugnant to the rights and privileges contained in this Charter...
Página 663 - The enjoyment of lights, with the defendant's acquiescence for twenty years, is such decisive presumption of a right by grant or otherwise, that unless contradicted or explained, the jury ought to believe it; but it is impossible that length of time can be said to be an absolute bar, like a Statute of Limitation; it is certainly a presumptive bar which ought to go to a jury.
Página 143 - ... by her last will and testament in writing, or any writing in the nature of or purporting to be her last will and testament, or any codicil or codicils thereto, to be by her signed and published in the presence of, and attested by, the like number of credible witnesses...
Página 434 - But it is a rule which applies universally to all who come within its principle ; which principle is, that no party can be permitted to purchase an interest in property, and hold it for his own benefit, when he has a duty to perform in relation to such property, which is inconsistent with the character of a purchaser on his own account, and for his individual use.
Página 802 - Frauds; and that a court of equity will not decree the specific performance of a parol agreement to convey lands where the purchaser has not entered into possession under the contract.
Página 483 - If, therefore, the party who sets up a resulting trust made no payment, he cannot be permitted to show, by parol proof, that the purchase was made for his benefit, or on his account.

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