« PreviousContinue »
1. Remarks on the pleadings in courts of equity, where
the statute of frauds comes in question - 155
2. If a defendant admit an agreement charged in the
plaintiff's bill, and do not insist on the benefit of the
3. Where a written agreement is alleged in a bill, evi-
4. If a party submit by his answer to perform an agreement, the case is taken out of the statute, and specific performance will be decreed - - ibid.
5. Performance will be compelled of a parol agreement, if confessed or discovered, notwithstanding the statute
of frauds; unless that statute be also insisted upon ibid.
t. View of the question, whether a defendant can set up the statute, or is bound to confess or deny' a mere parol agreement, alleged in the bill - - 156—158
f. A defendant may, now, admit an agreement, without being thereby precluded from praying to have the benefit of the statute - - - 160, 161
8. Where acts of part-performance are stated in a bill, the
defendant must both answer and plead - 161
9. Modern practice on this subject stated - 161, 162
10. What acts are now required by the courts, to constitute part-performance - 162, and Advertisement.
11. Distinction to be noted in applying to equity for specific
performance of an unwritten agreement 168
12. Until probate be obtained of a nuncupative will, it cannot
be pleaded against an administrator - 457, 458
See Promises, 14, 15.
1. Of the presumption against double portions 56
2. Presumption of the satisfaction of a debt, by a legacy to
a greater amount - ibid.
3. Statement of some circumstances, which will take a case
out of the operation of the rule of presumption 57 n.
4. Distinction between presumptions and positive rules of construction - - - - 59
5. Slight circumstances of difference, which would repel the presumption of satisfaction as between strangers, are not sufficient in the case between parent and child 58 n. 6 In the case of double portions, when the testator subse.ntly ad vances the legatee, the presumption is uncon.i • 1 with atfy rule of construction, and arises out of
.osterior to the will - - 59
7. ihe question as to the presumption of the courts,
.ie case of double legacies in the same and distinct i istruments - ... - 61 n.
f. When a satisfied term may be presumed to be surrendered ..... 274 n. See further concerning Presumption; Agreement, 11. Evidence, 13, 14, 16, 17. Executors and Administrators, 1— "3. Kin, 2. Lrgacy, I, Satisfaction, 6. See also Advertisement. - -
1. If an executory promise be capable of being performed
within the year, though it is liable also to be, and in the event is, suspended for a longer term, it is not within the statute - - ... . IBS
2. Neither are mutual promises to marry - 198
3. The statute extends only to promises, made in consideration of marriage - ibid.
4. Letters of promise, where they are explicit, and the subject matter of tiie promise is made sufficiently certain,
are within the statute - - ib. 191—194
5. A parol promise on marriage is a sufficient consideration to support a settlement made agreeable to it after marriage; or to establish a promise made in writing after marriage - * • - 197
6. If instructions are given, and preparations are made for drawing the marriage settlement, and the woman is drawn in to marry upon the assurance of the man, without the settlement being executed, equity will re
lieve ..... 198—200
7. Of collateral promises ... 207
8. Qualities, constituting a collateral promise 208
9. Liability .... ibid.
10. Consideration - - - - 208
11. The collateral promise must be made to the person to whom the original party was immediately liable ib. 209
12. If the person, for whose use goods are furnished at the request of a third person, be liable, the promise of such third person to pay the debt must be in writing : and it is not material whether the promise was before or after
the delivery of the goods - - 209—238
13. In ascertaining the liability of the person undertaken for, the court will look to the intention, as inferrible from the situation, circumstances, and general responsibility of the party promising - • - - 213
14. Where there is no liability in the party promised for,
the promise is an original one, and subjects the pro-
15. But a special declaration is necessary, where the promise
is collateral, and within the statute ibid.
16. The person undertaken for should be liable at the time of the promise made; and such liability and the promise made ought to grow out of the same contract 219
17. Of the effect of expressions, as constituting a collateral
or original promise - - 223
18. Whether the person undertaken for should continue liable, for the promise to be a promise within the statute 224
19. Where the debt is to be kept on foot, after payment by the party promising, and to be transferred to him as a purchaser thereof, the promise is not within the statute ... 226
20. Whether the promise is within the statute, where the promisor is himself already liable - - 229
21. If the promise has not an immediate respect to the liability, but springs out of a new and distinct transaction, it is not within the statute - 232
22. Illustration of the distinction between a promise, the only moving consideration for which is the existing liability of another person, and that which is grounded upon a superadded inducement - - 234
Of Promises by Executors and Administrators. See Mimbert 4—9 of that Title.
1. Of the proof to establish a will of lands in a court of
equity - - - 444
2. The present rule is, that all the witnesses must be examined ... ibid.
3. If one witness be dead, proof of his hand-writing; may
be read ... 445
4. Whether the hand-writing may be proved, if a witness
be beyond sea - - ib. 446
5. The hand-writing of a witness, who since the subscription has become insane, may be proved - 447"
fi. In the case of an old will, where no account can be given of a witness, proof of the hand-writing may be dispensed with - - ibid.
7. Of proving a personal testament in the common and solemn form - - 449
3. Of the general necessity for two witnesses to establish
a fact in the Ecclesiastical Courts - - 45ft
9. Determinations of the Ecclesiastical Courts on this
subject - - - 451
10. Of the principle, on which the courts act, in receiving
or rejecting informal papers as testamentary - 454
1. Transactions in pais, respecting real property, provable
by parol testimony ... 87"
2. A change of property is produced by payment of earnest, but not so as to give a right to the possession without payment - - 167
1. Of the formality of publication of wills - 392
See Auction, 2. Contracts, 8, 13. Part-perforrnancet f.
Real Estate (Disposal of.J
See ma, 32.
Redemption (Equity of.J See Debt, 8. Wife, 1, 2. Will, 47, 48.
1. Of the acts for registering conveyances, &c. of lands in the counties of York and Middlesex - 271 n.
1. Where there is a devise to persons by the general name of relations, without any words of more specific designation, the operation of that word is adjusted
to the statute of distributions - - 65 n.
2. The words poor relations do not confine a bequest to objects of charity as well as relations. - 66 n.
S. Seetu where a trustee has a discretion and choice with respect to the relations to be benefited - ibid.
See further concerning Relations; Legacy 4.
1. Though the Lord's estate will preserve a contingent remainder, so as to prevent its destruction by the tenant for life, it will not support it, where the contingent remainder does not come in esse, till after the precedent estate is expired by fluxion of time - 342
1. Rents are within the import of the word " tenements,"
in the statute of frauds - - 127
2. Acceptance, by lessee for years, of a grant of a rent from him in the reversion, at such feasts, but without any time limited for its commencement, is no surrender of a lease - - 260
3. An original grant of a rent-charge de novo to commence
in future is good - - ibid n.
4. But such a grant of a rent-charge in esse will not stand with the law * • ibid.