Cases Argued and Adjudged in the Supreme Court of Florida, Volume 5 |
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Halaman 28
... cited on this subject , are those of suits between the parties to the conveyance , which always present stronger considerations to the court to support the transaction for ; conveyances purely volunta- ry are good , between the parties ...
... cited on this subject , are those of suits between the parties to the conveyance , which always present stronger considerations to the court to support the transaction for ; conveyances purely volunta- ry are good , between the parties ...
Halaman 56
... cited . Cockerill vs. Cholmley , 1 Russ . & M. , 418 . Where there is a defect of substance , in the execution of a power , as the want of co - operation of all the proper par- ties in the act , equity will not aid the defect . 1 Story ...
... cited . Cockerill vs. Cholmley , 1 Russ . & M. , 418 . Where there is a defect of substance , in the execution of a power , as the want of co - operation of all the proper par- ties in the act , equity will not aid the defect . 1 Story ...
Halaman 63
... cited by the Counsel for com plainant in the argument below , of seemingly very uncer- tain amounts , or values of property which had been sup- ported as trusts , are clearly distinguishable from the case at bar . Here there is not only ...
... cited by the Counsel for com plainant in the argument below , of seemingly very uncer- tain amounts , or values of property which had been sup- ported as trusts , are clearly distinguishable from the case at bar . Here there is not only ...
Halaman 64
... cited from 1 Gil- mer's Va . Reports , 27 was a question of illusory appoint- ment , by will , by tenant for life disposing of the fee in the property , under a power , and is wholly inapplicable to ine case at bar . So also Hudson vs ...
... cited from 1 Gil- mer's Va . Reports , 27 was a question of illusory appoint- ment , by will , by tenant for life disposing of the fee in the property , under a power , and is wholly inapplicable to ine case at bar . So also Hudson vs ...
Halaman 65
... cited as to bequests . 9 Pick . , 395 , 401 ; 10 Smede & Mar. , 466 ; 1 Richardson S. C. Eq . R. , 324 ; Lott vs. Meacham , Flor . R. 51 , p . 144 ; 6 Mass . , 37 ; 2 Story Eq . , 976 . 2. A totally different rule exists in cases where ...
... cited as to bequests . 9 Pick . , 395 , 401 ; 10 Smede & Mar. , 466 ; 1 Richardson S. C. Eq . R. , 324 ; Lott vs. Meacham , Flor . R. 51 , p . 144 ; 6 Mass . , 37 ; 2 Story Eq . , 976 . 2. A totally different rule exists in cases where ...
Istilah dan frasa umum
action Adm'r agent alleged allowed amount answer appellant appellees apply assigned authority bank bill bond Call cause charge Circuit Court circumstances cited claim complainant consideration considered contract counsel creditors death debt decision decree deed defendant direct Doggett duty effect entered entitled equity error evidence exceptions execution existence fact filed Florida fraud further give given grant ground Hart heir held intention interest issue John Judge judgment jury land Lines lots matter ment mortgage necessary objection opinion original paid party payment persons plaintiff plea pleaded possession present principle prisoner proceedings proof purchase question reason received record reference rendered respondent rule share slaves statute sufficient suit taken term Thomas tion trial true trust whole wife witness writ
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Halaman 71 - wherever the subject to be administered as trust property, and the objects for whose benefit it is to be administered, are to be found in a will not expressly creating a trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the court as evidence that the mind of the testator was not to create a trust...
Halaman 169 - The act of incorporation is to them an enabling act; it gives them all the power they possess ; it enables them to contract, and when it prescribes to them a mode of contracting, they must observe that mode, or the instrument no more creates a contract than if the body had never been incorporated.
Halaman 219 - The general rule, now adopted, is, not to entertain jurisdiction, in cases of confusion of boundaries, upon the ground, that the boundaries are in controversy ; ' but, to require, that there should be some Equity superinduced by the act of the parties...
Halaman 59 - ... trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the court as evidence, that the mind of the testator was not to create a trust; and the difficulty, that would be imposed upon the court to say, what should be so applied, or to what objects, has been the foundation of the argument, that no trust was intended.
Halaman 93 - ... judgment or decree complained of, or by a justice of the supreme court of the United States, in the same manner and under the same regulations; and the writ shall have the same effect, as if the judgment or decree complained of, had been rendered or passed in a...
Halaman 290 - ... free and voluntary: that is, [it] must not be extracted by any sort of threats or violence; nor obtained by any direct or implied promises, however slight, nor by the exertion of any improper influence.
Halaman 207 - The discretion of a judge is the law of tyrants : it is always unknown ; it is different in different men ; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst it is every vice, folly, and passion, to which human nature is liable.'*- — Lord Camden.
Halaman 600 - ... all of his estate, both real and personal, during her natural life, and at her death directs the property to be equally divided between the children of the tenant for life ; and by another clause expresses his "will and desire...
Halaman 94 - That a writ of error as aforesaid shall be a supersedeas and stay execution in cases only where the writ of error is served, by a copy thereof being lodged for the adverse party in the clerk's office where the record remains, within ten days, Sundays exclusive, after rendering the judgment or passing the decree complained of.
Halaman 548 - But even though there be no other gift than in the direction to pay or distribute in futuro, yet, if such payment or distribution appear to be postponed for the convenience of the fund or property, as where the future gift is postponed to let in some other interest...