A Treatise on the Equitable Doctrine of the Conversion of PropertyJ. Butterworth, 1825 - 222 páginas |
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Página 6
... creditors , for at that time the testator might have defeated his creditors ' claims by devise , or if the lands had descended to the heir , the heir might equally have defeated them by alienation . Hence we find , that in the case of ...
... creditors , for at that time the testator might have defeated his creditors ' claims by devise , or if the lands had descended to the heir , the heir might equally have defeated them by alienation . Hence we find , that in the case of ...
Página 7
... creditors by bond or specialty binding the 66 66 66 heir ) to be fraudulent and void ; and every such " creditor shall have his action of debt , upon his and " their bonds and specialties , against the heir at law of " such obligors ...
... creditors by bond or specialty binding the 66 66 66 heir ) to be fraudulent and void ; and every such " creditor shall have his action of debt , upon his and " their bonds and specialties , against the heir at law of " such obligors ...
Página 8
... creditors ; for in an early case where the i k h 1 Vern . 63 . Hawker v . Buckland , 2 Vern . 106 . i Anonymous , 2 Vern . 133. Greaves v . Powell , 2 Vern : 248. Cut- terback v . Smith , Pre . Cha . 127. Bickham v . Freeman , Pre . Cha ...
... creditors ; for in an early case where the i k h 1 Vern . 63 . Hawker v . Buckland , 2 Vern . 106 . i Anonymous , 2 Vern . 133. Greaves v . Powell , 2 Vern : 248. Cut- terback v . Smith , Pre . Cha . 127. Bickham v . Freeman , Pre . Cha ...
Página 9
... creditors should be considered equally . ) + And again in the case of Lewin v . Okeley ' , where there was a devise to trustees for the payment of debts , and the same persons were made executors , the court said , the assets should ...
... creditors should be considered equally . ) + And again in the case of Lewin v . Okeley ' , where there was a devise to trustees for the payment of debts , and the same persons were made executors , the court said , the assets should ...
Página 10
... creditor ever maintain his action against such heir , the word heirs will then have a useful meaning , as it must imply that the executor should be likewise trustee , and conse- quently the assets will be subject to an equitable dis ...
... creditor ever maintain his action against such heir , the word heirs will then have a useful meaning , as it must imply that the executor should be likewise trustee , and conse- quently the assets will be subject to an equitable dis ...
Otras ediciones - Ver todas
A Treatise on the Equitable Doctrine of the Conversion of Property Robert Dalzell James Heath Leigh Sin vista previa disponible - 2019 |
Términos y frases comunes
absolute amongst annuities applied benefit bequeathed charge claim clause codicil convenient conversion of property court of equity covenant creditors daughter debts and legacies decease declared decree descend devised directed disposed effect equitable assets estate into personal executors fee simple feme covert fund gave guardian heir at law held hereditaments husband infant intention interest in land James Flanagan laid Lechmere likewise Lord Chancellor Lord Eldon Lord Thurlow marriage ment money arising monies mortgage paid payment of debts person entitled personal estate personal property personal representative personalty plaintiff principle purchase of lands purpose real and personal real estate realty remainder remainder-man rents and profits residuary disposition residue resulting trust securities sold statute statute of frauds Statute of Mortmain strict settlement surplus tator tenant in tail testator's death testatrix thereof trust to sell trust-fund trustees undisposed Vern wife
Pasajes populares
Página 62 - ... before the younger of such sons, and the heirs of his body, and for default of such issue, then...
Página 77 - ... that from and after the 24th day of June, 1 736, no manors, lands, tenements, rents, advowsons, or other hereditaments, corporeal or incorporeal whatsoever, nor any sum or sums of money, goods, chattels, stocks in the public funds, securities for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments...
Página 124 - ... and as to all the rest, residue, and remainder of his estate and effects, whatsoever and wheresoever, and of what nature or kind soever...
Página 78 - ... any lands, tenements, or hereditaments, or of any stock, money, goods, chattels or other personal estate, or securities for money to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect the same, to or in trust for any charitable uses whatsoever, which shall at any time...
Página 4 - ... directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted ; and this in whatever manner the direction is given ; whether by will, by way of contract, marriage articles, settlement, or otherwise, and whether the money is actually deposited, or only covenanted to be paid, whether the land is actually conveyed, or only agreed to be conveyed. The owner of the fund,...
Página 66 - House, and other settled estates, and for the residue to be laid out in the purchase of lands, to be settled to the same uses as the lands already settled are.
Página 77 - Chancery as required by the act passed in the ninth year of the reign of his late Majesty King George the Second, intituled "An Act to restrain the Disposition of Lands whereby the same become unalienable...
Página 136 - Where a devisor directs his land to be sold, and the produce divided between A. and B., the obvious purpose of the testator is, that there shall be a sale for the convenience of division; and A. and B. take their several interests as money, and not land.
Página 139 - Stockdale, and the survivors and survivor of them, and the heirs, executors and administrators of such survivor, do...
Página 4 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...