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The Nova Scotia Reports (Volume 12); Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia

The Nova Scotia Reports (Volume 12); Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880. Excerpt: ... were so inseparably, as it is said, intermingled. But what does his memorandum of the 3rd of February, 1873, say? It was urged at the argument by Mr. Chesley, with a degree of zeal for his clients far, I may say, in excess of his apparent belief in the intelligence of the Court, that this memorandum was defective, and proved nothing to shew either a settlement or a concurrence therein by Mr. Troop. I think it shews both, and goes largely to confirm the testimony of Foster, who says; "I don't remember that Mr. Troop made any objection to the account, but something did not seem to suit him. It transpired from conversation at the Court, that Mr. Troop claimed a portion of the commissions from Mr. Wheelock. I think Mr. Wheelock said he was willing to do anything that was right. Mr. Troop observed that he and Mr. Wheelock would settle that matter between them afterwards." Settle what matter? Why, the commission to which the executor would in law be entitled in the settlement of Robert H. Bath's estate. Is it not also significant that about this time Wheelock passed over to Troop securities professedly representing the sum of 604 17s. Id., as shewn by exhibit, and that the balance in Wheelock's hands of $243.35, at the time of the settlement, has been satisfactoril y accounted for? With these facts before me, it is impossible to come to any other conclusion than the one arrived at by the Judge of Probate and the Master. I have one other question to consider, and I shall do so briefly. Such a settlement having been made by the executor of the estate of Robert H. Bath, who is also a trustee with Fletcher Bath, under the will, does it conclude the cestui que trust from subsequently resisting a decree based upon such set. tlement, and opening up an estate thu...


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Product Details
  • ISBN-13: 9781154313437
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 242
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1154313433
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 440 gr


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The Nova Scotia Reports (Volume 12); Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia
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