Reports of Cases Adjudged in the Court of Chancery of New-York: Containing the Cases from March, 1814 to [July, 1823] ... Inclusive, Volume 3
E. F. Backus, State-street, Van Winkle & Wiley, printers, 1819 - Equity
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7th of February admitted afterwards agent agreement amount answer appears applied appointment assets assignment bill boat bona fide purchaser cargo cause cents CHANCELLOR charged claim CODRINGTON contract conveyance conveyed costs counsel court court of equity covenant coverture creditors declared DECOUCHE decree deed defendant denied devised discharge dollars entitled equity of redemption executed executor favour feme covert fendant filed fraud fraudulent fund husband infant intention interest JAQUES John judgment Kauman land LIVINGSTON Lord Alvanley Lord Eldon Lord Hardwicke Lord Thurlow marriage Master ment METHO mortgage mortgage debt mortgaged premises mortgagor MURRAY ne exeat New-York notice paid party payment personal estate petition plaintiff plea pleadings possession prior proceeds proof purchaser question real estate received rule settled settlement ship sold statute statute of limitations suit supercargo tiff tion trust Vesey wife witnesses
Page 221 - In case of the dissolution of the community by the death of the husband, the entire community property is equally subject to his debts, the family allowance, and the charges and expenses of administration.
Page 216 - Her i vale, 360), that so long as a trust subsists, the right of a ceslui que trust cannot be barred by the length of time during which he has been out of possession, and that he can only be barred by barring and excluding the estate of the trustee.
Page 538 - ... coverture, would enable her to do it, without previously to the marriage vesting the real estate in trustees, in trust for such persons as she should by deed or will appoint ; and it was ruled not to be necessary ; and the doctrine has received the approbation of the Supreme Court of Pennsylvania...
Page 539 - So it may be done by her, by way of power over a use, as if she conveyed the estate to the use of herself for life, remainder to the use of such person as she by writing, &c., should appoint, and, in default of such appointment, to her own use.
Page 272 - As to other acts of the purchaser in his lifetime, in order to charge his personal estate as the primary fund, he must make himself, by contract, personally and directly liable at law for the debt to the owner of the incumbrance; and even a covenant or bond for the purpose will not be sufficient unless accompanied with circumstances showing a decided intention to make, thereby, the debt personally his own.
Page 114 - ... parol promise, without reference to the property, or making a parol gift, is such an appointment. So when it says that she is to receive from her trustee the income of her property as it, from time to time, may grow due, it does not mean that she may, by anticipation, dispose at once of all that income. Such a latitude of construction is not only unauthorized by the terms, but it defeats the policy of the settlement by withdrawing from the wife the protection it intended to give her.
Page 551 - If the will be made without any reference to the power, it operates as an appointment under the power, provided it cannot have operation without the power.
Page 504 - Eliz. where a man indebted at the time makes a mere voluntary conveyance to a child without consideration and dies indebted, but that it shall be considered as part of his estate for the benefit of his creditors.
Page 523 - In that case, the wife before marriage, entered into an agreement with her intended husband, that she should have power, during the coverture, to dispose of her real estate by will, and she afterwards...