A Treatise on the Statute of Frauds: As it Regards Declarations in Trust, Contracts, Surrenders, Conveyances, and the Execution and Proof of Wills and Codicils. To which is Prefixed a Systematic Dissertation Upon the Admissibility of Parol and Extrinsic Evidence, to Explain and Controul Written Instruments |
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Page 7
... afterwards he puts his seal to it , which is another part of the deliberation , and lastly , he de- livers the writing as his deed , which is the consummation of his reso- lution . " And see Countess of Rutland's case , 5 Rep . 26 a ...
... afterwards he puts his seal to it , which is another part of the deliberation , and lastly , he de- livers the writing as his deed , which is the consummation of his reso- lution . " And see Countess of Rutland's case , 5 Rep . 26 a ...
Page 30
... afterwards appointed the plaintiff and defendant his executors , and died , and the plain- tiff and defendant both proved the will . The defendant was , at the time of the testator's death , indebted to him in 3000l . and for securing ...
... afterwards appointed the plaintiff and defendant his executors , and died , and the plain- tiff and defendant both proved the will . The defendant was , at the time of the testator's death , indebted to him in 3000l . and for securing ...
Page 43
... afterwards , by his will , made provision for his children , by appropriating certain sums of money to each of them above the amount of what they would have been respectively entitled to under the settlement , and directed their ...
... afterwards , by his will , made provision for his children , by appropriating certain sums of money to each of them above the amount of what they would have been respectively entitled to under the settlement , and directed their ...
Page 50
... afterwards purchased lands of that value , but made no settlement , and died , and left the purchased lands to descend to his eldest son , the eventual bene- fit in both these cases operated as a presumed performance , and not as a ...
... afterwards purchased lands of that value , but made no settlement , and died , and left the purchased lands to descend to his eldest son , the eventual bene- fit in both these cases operated as a presumed performance , and not as a ...
Page 62
... afterwards came before him , ( 1 ) upon the question whether the parol evidence could be admitted , observed , that " if it is an established rule , that two legacies are accumulative where they are given by different instruments , he ...
... afterwards came before him , ( 1 ) upon the question whether the parol evidence could be admitted , observed , that " if it is an established rule , that two legacies are accumulative where they are given by different instruments , he ...
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A Treatise on the Statute of Frauds: As It Regards Declarations in Trust ... William Roberts, Sir No preview available - 2016 |
Common terms and phrases
according admission admitted aforesaid afterwards agreed agreement ambiguity appears attested bill charge chattels circumstances clause codicil collateral common law consideration considered contract conveyance copyhold courts of equity debt declared deed defendant delivery devise disposition distinction doctrine effect executed executor express extrinsic evidence freehold given granted ground held instrument intention interest judges lands lease legacy legatee lessee letters of administration Lord Chancellor Lord Hardwicke Lord Macclesfield Lord Mansfield Lord Thurlow Lordship marriage ment mortgage non-commissioned officer nuncupative observed officer of marines operation opinion parol evidence part-performance party pass payment performance perjuries personal estate petty officer plaintiff presence presumption proctor promise proof proved purchase question real estate rent respect rule seaman seems signed statute of frauds sufficient surrender tenant tenements term testamentary testator's thereof thing three witnesses tion trust tute unless void warrant or petty words writing written
Popular passages
Page 222 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 134 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 91 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 134 - ... or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 250 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest, of, in, to or out of any messuages, manors, &c. made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...
Page 316 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony ; such, for instance, as the general rules of inheritance; and of protection from personal injuries.
Page 134 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 250 - Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised.