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action administrator alleged amount Andrew Faulds answer appeal apply arbitrator Arthur Rankin asked assets award bank Beav bill breach Burke Burton calls Canada Southern Railway chattel Chief Justice circumstances claim clause contract costs Court Court of Chancery Court of Equity creditor damages death debt decision decree deed defendant delivered deposit devise Dobell Donovan effect entitled evidence executors expressed fact fraud gift gift inter vivos give given Gould Haldan held insolvency intention interest James Woods Jellett John Rochester judgment land learned Judge Lord lumber matter Matthewson McFarlane ment mortgage Nathan notice opinion paid parties Patterson payable payment person petition plaintiff plea pleadings possession present proceedings purchase question reason received recover referred replevin rule shareholders shew shewn solicitor statute suit Suzor taken taxation tenants testator Thomas Thomas McKay tion Torrance trust Vansickle words
Сторінка 262 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Сторінка 356 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Сторінка 264 - ... it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.
Сторінка 70 - The directors may from time to time make such calls of money upon the respective shareholders, in respect of the amount of capital respectively subscribed or owing by them as they deem necessary, and thirty days...
Сторінка 576 - ... unable to pay his debts as they become due from his own money in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors...
Сторінка 560 - That, if at the time at which the right of any person to make an entry or distress, or bring an action to recover any land or rent...
Сторінка 136 - Judges, from the earliest times, were always inclined to decide that estates devised were vested ; and it has long been an established rule, for the guidance of the Courts of Westminster in construing devises, that all estates are to be holden to be vested, except estates, in the devise of which a condition, precedent to the vesting, is so clearly expressed, that the Courts cannot treat them as vested, without deciding in direct opposition to the terms of the will.
Сторінка 164 - Lordship there said, that, as to this point, "the rule is, that if the bill contains charges, putting facts in issue that are material, the plaintiff is entitled to the relief which those facts will sustain, under the general prayer; but ho cannot desert specific relief prayed, and under the general prayer ask specific relief of another description, unless the facts and circumstances charged by the bill will, consistently with the rules of the Court, maintain that relief.
Сторінка 5 - Probate, where the onus pro1*38. bandi most undoubtedly lies upon the party propounding the Will, if the conscience of the Judge, upon a careful and accurate consideration of all the evidence on both sides, is not judicially satisfied, that the paper in question does contain the last Will and Testament of the deceased, it is bound to pronounce its opinion that the instrument is not entitled to probate.