Reports of Cases in Equity Argued and Deternined [sic] in the Supreme Court of North Carolina: From December Term, 1853, to [June Term, 1863], Both Inclusive, Volume 2S. Gales, 1856 |
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Reports of Cases in Equity Argued and Deternined [Sic] in the ..., Volume 56 North Carolina Supreme Court Pré-visualização indisponível - 2016 |
Palavras e frases frequentes
acres administrator admits agreement alleges amount answer appointed bequeath bequest bill was filed bond Brame brother Cannaday CAUSE removed cause was set chose in action claim clause clerk and master codicil commissioners construction contract conveyance conveyed Cotten County Court of Equity creditors CURIAM daugh daughter death debts deceased declared Decree accordingly deed defendant demurrer descendants died dollars domicil dower entitled executed executor fact father fee simple fendant fraud fund give heirs husband Ibid injunction interest intestate Item James John Jones judgment legacy legatees letters testamentary marriage matter Mebane mortgage negro opinion paid parties payment plaintiff possession proofs purchase money question relief rule Sarah Carter share slaves sold statute statute of frauds Stephen Sparkes surety tenants in common Term testator's Thomas tiff tion tract of land trust widow wife William
Passagens conhecidas
Página 71 - A codicil, codicillus, a little book or writing, is a supplement to a will, or an addition made by the testator, and annexed to, and to be taken as part of, a testament...
Página 282 - ... to have and to hold the said tract or parcel of land, with its appurtenances, to the said Thomas Helm and his heirs forever.
Página 144 - Newberne such an amount of taxes, etc., as shall be necessary," etc. The power to make this subscription did not exist in the corporation of Newberne by force of the original charter, or by any of the intermediate acts amendatory of it; it required legislative aid to enable them to do so, and by the private act of 1852 it was that the power was conferred. "Whether the legislature acted wisely or not is a question with which we have nothing to do. The power being admitted, its abuse cannot affect...
Página 54 - Britain, and had merely acquired a foreign domicil, and had left property that actually was in England, or in Scotland at the time of his decease. The truth is, my Lords, that the doctrine of domicil has sprung up in this country very recently, and that neither the Legislature nor the Judges, until within a few years, thought much of it ; but it is a very convenient doctrine ; it is now well understood, and I think that it solves the difficulty with which this case was surrounded.
Página 144 - It shall be the duty of all local health-boards, tosvn, village and city authorities, and officers or persons .in charge of the institutions herein named, to co-operate with the state board of health in carrying out the provisions of this act, and to provide for the payment of all expenses incurred in executing the directions given by said board, except those expenses specifically provided for in this act, in connection with the prevention and control of Asiatic cholera; and in case any such local...
Página 86 - VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female however near) , — unless where the lands have, in fact, descended from a female.
Página 326 - Thus if a man having a title to an estate which is offered for sale, and knowing his title stands by and encourages the sale, or does not forbid it, and thereby another person is induced to purchase the estate under the supposition that...
Página 85 - IV. A fourth rule or canon of descent is this ; that the lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done, had he been living.
Página 86 - The collateral heir of the person last seized must be his next collateral kinsman of the whole blood.
Página 279 - It has hence become a general doctrine of the common law, recognised both in England and America, that no suit can be brought or maintained by any executor or administrator, or against any executor or administrator, in his official capacity, in the Courts of any other country, except that from which he derives his authority to act in virtue of the probate and letters testamentary, or the letters of administration there granted to him.