Outlines of the Administrative Jurisdiction of the Court of Chancery: Being the Substance of a Series of Lectures Delivered at the Request of the Council of the Incorporated Law Society, Volume 126 |
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Outlines of the Administrative Jurisdiction of the Court of Chancery Thomas Henry Haddan Limited preview - 2022 |
Outlines of the Administrative Jurisdiction of the Court of Chancery Thomas Henry Haddan Limited preview - 2022 |
Common terms and phrases
16 Vict Act of Parliament admi adminis administrative jurisdiction admission of assets application appointed Att.-Gen Beav bill charitable gifts charity cited constructive trusts conveyance costs course of administration Court of Chancery Court of Equity creditors debts deceased decree devise diction direction donor effect enforced entitled established executed executor or administrator Exors extended fund heir held infant instance intention interest intestacy Jarm judgment juris land legacies legal assets legatees Lewin liability Lord Chancellor Lord Cottenham Lord Eldon ment mentioned mortgage nistration object otherwise paid paid into Court parties payment personal estate personalty plaintiff principle priority proceeds purchase purposes question real estate residuary resulting trusts rule Seton settled settlement specific statute Statute of Frauds Statutes of Distribution suit testator or intestate testator's tion tration Trustee Relief Acts ubi supra Vesey vesting words
Popular passages
Page 145 - That word, in its widest sense, denotes all the good affections men ought to bear toward each other ; in its most restricted and common sense, relief of the poor. • In neither of these senses is it employed in this court. Here its signification is derived chiefly from the statute of Elizabeth. Those purposes are considered charitable which that statute enumerates, or which by analogies are deemed within its spirit and intendment, and to some such purpose every bequest to charity generally shall...
Page 319 - It is ordered that the following accounts and inquiries be taken and made ; that is to say : — IN CREDITOR'S SUIT— 1.
Page 246 - It is not, however, from any want of jurisdiction that it does not act, but from a want of means to exercise its jurisdiction; because the Court cannot take on itself the maintenance of all the children in the kingdom. It can exercise this jurisdiction usefully and practically, only where it has the means of doing so; that is to say, by its having the means of applying property for the use and maintenance of the infants.
Page 235 - The general principles which apply to this case, are not disputed ; limitations of personal estate are void, unless they necessarily vest, if at all, within a life or lives in being and twentyone years and nine or ten months afterwards. This has been sanctioned by the opinion of Judges of all times, from the time of the Duke of Norfolk's case, to the present ; it is grown reverend by age, and is not now to be broken in upon.
Page 292 - Court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient, difficult or impracticable so to do without the assistance of the Court, make an order appointing a new trustee or new trustees either in substitution for or in addition to any existing trustee or trustees, or although there is no existing trustee.
Page 245 - ... subject to correction by appeal, and subject to the most scrupulous and conscientious conviction of the judge, that he is to look most strictly into the merits of every case of this kind, and with the utmost anxiety to be right. It has been questioned, whether this jurisdiction was given to this Court upon the destruction of the Court of Wards (which, however, it is impossible to say could have been the case, when we recollect the nature of the jurisdiction), or whether it is to be referred to...
Page 319 - Roberts the executors of his said will or either of them or to the hands of any other person or persons by the order or for the use of the plaintiff or the said defendant or either of them.
Page 322 - ... or to the hands of any other person or persons, by the order, or for the use of the said defendants or any [or, either] of them.
Page 222 - I know of no difference between an executory trust in marriage articles and in a will, except that the object and purpose of the former furnish an indication of intention which must be wanting in the latter.