The Equitable Jurisdiction of the Court of Chancery; Comprising Its Rise, Progress, and Final Establishment, to Which Is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of Volume 2
The Equitable Jurisdiction of the Court of Chancery; Comprising Its Rise, Progress, and Final Establishment, to Which Is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of Volume 2
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. 1850 edition. Excerpt: ...of those sums, for his daughter and her children: the ViceChancellor of England held that the daughter took for life, and that all the children she might have would take in remainder, for if not different classes of children would become interested in the two portions of the legacy. In a very late case (1848), ...
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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. 1850 edition. Excerpt: ...of those sums, for his daughter and her children: the ViceChancellor of England held that the daughter took for life, and that all the children she might have would take in remainder, for if not different classes of children would become interested in the two portions of the legacy. In a very late case (1848), Lord Langdale, in reference to Wilde's case, 469 Where Parent and his Children take as Joint Tenant. (a) Ward v. Biddies, 10 Law J., N. S. 455; their use," following words, perse, of jointli. Jur. G24. tenancy, the court was justified in giving the (b) Brotcn v. Catamajor, 4 Ves. 498; see father an interest for life, with remainder to 5 Sim. 31. the children, letting in all who should be (-) 1 Sim. & St. 382. born during the life of the father. (d) In Vanghan v. Marqitis of'Uendfort, (e) 2 Sim. 487; and see Jrffery v. Hony 10 Sim. 641, the Vice Chancellor of England wood, 4 Mad. 402, and the cases there cited, leld, that on the words "to be secured for which had been cited, said, "he believed in all the instances where, in case of there being children living at the time of the gift, the parents had been held to take life interests, with remainder to the children, tbe gifts had not been simple, but had contained some intimation of an intention that they should so take (a);" a slight indication of such intention is sufficient (b). As regards Joint Tenancy and Tenancy in Common (c), though it has been said that the advantages given to joint tenancy are against equity (/), and the leaning of the court has latterly been against it (e), yet where two or more persons become jointly interested by way of gift without any words of severance, there the same must be subject to all the consequences of law affecting such an...
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