Forms of Claims And Defences in the Courts of the Chancery Division of the High Court of Justice : With Notes Containing An Outline of the Law Relating to Each of the Subjects Treated, And An Appendix of Forms of Endorsement On the Writ of Summons
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In our eReader you can find the full English version of the book. Read Forms of Claims And Defences in the Courts of the Chancery Division of the High Court of Justice : With Notes Containing An Outline of the Law Relating to Each of the Subjects Treated, And An Appendix of Forms of Endorsement On the Writ of Summons Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Forms of Claims And Defences in the Courts of the Chancery Division of the High Court of Justice : With Notes Containing An Outline of the Law Relating to Each of the Subjects Treated, And An Appendix of Forms of Endorsement On the Writ of Summons
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To quickly assess the difficulty of the text, read a short excerpt:
Parker, 1 Sw., notes pp. 101, 394, and the cases there referred to.
(c) 3 Drewiy, 697.
86 NOTE ON ELECTION.
perty, and a testator has disposed of tliat property, wMch lie had no right to do, and gives benefits by his will to the same person; that person cannot take the property which the testator had no right to dispose oj^ and so defeat the testator's intention as to that property, without giving up the benefits given to him by the will. If he takes the benefits given to him by the will, he mu...st give up any interest which he has, the taking of which would defeat the testator's disposition" (d).
It has long been settled as a general rule since the case of Nbi/s v. Mordaunt (e), that where a man does by wiU. more than he has strictly a right to do, and gives a bounty to the person to whose prejudice that is done, the person prejudiced by one part shall not insist upon his right, and at the same time upon the bounty given by the wiU, And in Lord Rancliffe v. Parkyns (y). Lord Eldon, in delivering the judgment of the House of Lords, said : — " If I choose to devise my real estate to the noble Marquis opposite (I put it in that way because the illustration will make it more familiar) (g), and in the same will I dispose of an estate which is not mine, but his ; a Court of Equity will say that he shall take no benefit fi:om that will, unless he makes good the whole of the wiR ; and the noble Marquis would not take, therefore, unless he allows id) Pages 701 and 702 of tho Eeport.
What to read after Forms of Claims And Defences in the Courts of the Chancery Division of the High Court of Justice : With Notes Containing An Outline of the Law Relating to Each of the Subjects Treated, And An Appendix of Forms of Endorsement On the Writ of Summons?
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To quickly assess the difficulty of the text, read a short excerpt:
Parker, 1 Sw., notes pp. 101, 394, and the cases there referred to.
(c) 3 Drewiy, 697.
86 NOTE ON ELECTION.
perty, and a testator has disposed of tliat property, wMch lie had no right to do, and gives benefits by his will to the same person; that person cannot take the property which the testator had no right to dispose oj^ and so defeat the testator's intention as to that property, without giving up the benefits given to him by the will. If he takes the benefits given to him by the will, he mu...st give up any interest which he has, the taking of which would defeat the testator's disposition" (d).
It has long been settled as a general rule since the case of Nbi/s v. Mordaunt (e), that where a man does by wiU. more than he has strictly a right to do, and gives a bounty to the person to whose prejudice that is done, the person prejudiced by one part shall not insist upon his right, and at the same time upon the bounty given by the wiU, And in Lord Rancliffe v. Parkyns (y). Lord Eldon, in delivering the judgment of the House of Lords, said : — " If I choose to devise my real estate to the noble Marquis opposite (I put it in that way because the illustration will make it more familiar) (g), and in the same will I dispose of an estate which is not mine, but his ; a Court of Equity will say that he shall take no benefit fi:om that will, unless he makes good the whole of the wiR ; and the noble Marquis would not take, therefore, unless he allows id) Pages 701 and 702 of tho Eeport.
What to read after Forms of Claims And Defences in the Courts of the Chancery Division of the High Court of Justice : With Notes Containing An Outline of the Law Relating to Each of the Subjects Treated, And An Appendix of Forms of Endorsement On the Writ of Summons?
You can find similar books in the "Read Also" column, or choose other free books by Charles Stewart Drewry to read onlineMoreLess
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