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A New Abridgment of the Law with Large Additions and Corrections (Volume 6)

A New Abridgment of the Law with Large Additions and Corrections (Volume 6)


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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1846. Excerpt: ... (D) Where a Legacy presumed Satisfaction of a Debt, &c. raised. The defendant set up three defences: 1st, That R C having become entitled to the inheritance in fee of the moiety comprised in the term, the term sunk into the inheritance. 2d, That the will operated as an appointment, and the devisees of the estate, being relations of Ann, were capable of taking as appointees. 3d, That the legacies and other charges were satisfactions pro tanto; and therefore, (if they were wrong upon the other point, ) only the residue of the 1000/. should be raised. But Lord Chancellor ordered the whole of the 1000/. to be raised for the plaintiffs, and, upon appeal to the House of Lords, this decree was affirmed.(a) Cantle v. Morris, 1 Br. Ch. Rep. 132, note. (a) June 12, 1782.] By a marriage settlement, in case of failure of issue male, the remainder of the estate was limited to daughters, until they should raise 3000/. for portions: there was issue of the marriage a son and two daughters: the father devised 700/. apiece to the daughters, and died: the son afterwards made his will, and devised to the daughters to the amount of 7000/., without any mention of its being in lieu or satisfaction of any thing due to them, and gave his land to his heirs male, and died without issue. It was held clearly, that the father's legacy could be no satisfaction, not being adequate in value; besides, the father had a son then living, and it was altogether contingent and uncertain whether 3000/. would ever arise and become payable or not, and therefore it was but reasonable that the father should make some certain provision for his daughters: but as to the son's legacy of 7000/. it was by two lords commissioners, against Rawlinson, decreed a satisfaction; but upon an appeal to the Lords the decree was reversed, for t...


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Product Details
  • ISBN-13: 9781234949358
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 530
  • Spine Width: 27 mm
  • Width: 189 mm
  • ISBN-10: 1234949350
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 934 gr


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