Report of Cases in Chancery; Argued and Determined in the Rolls Court During the Time of Lord Landale, Master of the Rolls, 1838-1866 Volume 10

Report of Cases in Chancery; Argued and Determined in the Rolls Court During the Time of Lord Landale, Master of the Rolls, 1838-1866 Volume 10

By (author) 

List price: US$26.99

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 2010-02-10 edition. Excerpt: ...entitled entitled to the whole of her income, in opposition to her claim to a settlement out of her life estate. As the case occurred during the lives of both husband and wife, it does not govern the point which I have now to consider; and I should have wished to abstain from expressing any opinion upon it; but, considering how constant the practice of the Court has been, and how frequently the question may be raised, I feel it my duty to say, that, notwithstanding the case of Vaughan v. Btick, I must still adhere to the rule which I consider to be established in such cases. In the cases now before me, the question depends on the rule of this Court respecting choses in action of the wife not reduced into possession by the husband. It was argued, that if the husband maintained his wife (which, it is said, I ought to presume), he acquired an independent right to her income accrued due in her lifetime, and that any arrears passed to his legal personal representative or assignee in opposition to the right of the surviving wife. For this there seems to be no foundation. The sums of money claimed by the cestui que trust under the husband's assignment were choses in action of the wife, not possessed or reduced into possession by the husband when he died. And I am of opinion, that the wife became absolutely entitled to them by survivorship; and this seems to be in conformity with the case of Ellison v. Elwin and many preceding cases. 1847. FRIEND v. SOLLY. May 7. July 29. 'HIS suit was instituted by one Plaintiff against In the taxthirty Defendants, and a compromise having been effected before hearing, an order was made, by which it solicitor and was, among other things, referred to the Taxing Master TaxinMaster to tax all parties their costs, as...show more

Product details

  • Paperback | 184 pages
  • 189 x 246 x 10mm | 340g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 123651873X
  • 9781236518736