New Jersey Equity Reports Volume 10

New Jersey Equity Reports Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...the agreement between the complainant and the said Robert G. Johnson may be specifically performed and carried into execution by the defendants, and they be decreed to convey to the complainant the equal one half part of the estate of the said Robert G. Johnson; or, if it should be deemed more equitable and just, that the said Anna G. Hubbell be decreed to reconvey to the complainant the land which she received from the complainant as the consideration for the performance of his part of the said agreement. There can be no doubt but that a person may make a valid agreement binding himself legally to make a particular disposition of his property by last will and testament. The law permits a man to dispose of his own property at his pleasure, and no good reason can be assigned why he may not make a legal agreement to dispose of his property to a particular individual, or for a particular purpose, as well by will as by a conveyance to be made at some specified future period or upon the happening of some future event. It may be unwise for a man, in this way, to embarrass himself as to the final disposition of his property, but he is the disposer, by law, of his own fortune, and the sole and best judge as to the time and manner of disposing of it. A court of equity will decree Johnson v. Hubbell. the specific performance of such an agreement upon the recognised principles by which it is governed in the exercise of this branch of its jurisdiction. In the case of Rivers against The Executors of Rivers (3 Dessau. Rep. 195) the court, in sustaining the propriety of a court of equity's recognising and enforcing such an agreement, very properly remarked, that a man might renounce every power, benefit, or right which the laws give him, and more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • United States
  • English
  • black & white illustrations
  • 123682329X
  • 9781236823298