Results: 140

• Cunliffe v Brancker

  04 Aug 1876 3 ChD 393, CA

  WILL — Contingent Remainder — Estate of Trustees.
  JESSEL, M.R.:— Well, Mr. Williams, I am sorry to say I shall not call upon you. I would certainly if I could. This is a case in which, according to my view, the intention of the testator fails on account of a feudal rule of law which, in my humble judgment, ought to have been abolished long ago. I mean the rule of law requiring that, in order to support a contingent remainder, there must be an estate of freehold in existence at the time the contingent remainder becomes vested, so that if until the time of the determination or
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  Case index catchwords

  WILL — Contingent Remainder — Estate of Trustees.

• Ex Parte Stephens

  28 Jul 1876 3 ChD 659, Ch D

  TRADE MARK — Word — Trade Marks Registration Act (38 & 39 Vict. c. 91), s. 10.
  JESSEL, M.R.: The only question I have to decide is, what is the meaning of a trade-mark within the 10th section? According to that section a trade-mark consists of “one or more of the following essential particulars, that is to say, a name of an individual or firm impressed or woven in some particular or distinctive manner.” If the argument addressed to ne were right, that any word would do, any word would include a distinctive word. The name of a firm is a very distinctive word indeed; therefore that can hardly be so. It then proceeds thus: “or a
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  Case index catchwords

  TRADE MARK — Word — Trade Marks Registration Act (38 & 39 Vict. c. 91), s. 10.

  1 Statute considered
• Taylor v Witham

  14 Jun 1876 3 ChD 605, Ch D

  Subsequent considerations : 1 positive.
  EVIDENCE — Admissibility — Written Entries by Deceased Person.
  JESSEL, M.R.:— This question is one of very great importance, not merely in this particular instance, but in many other cases. The real question is, under what circumstances the entry made by a dead man in his books ought to be received in evidence. It is, no doubt, an established rule in the Courts of this country that an entry against the interest of the man who made it is receivable in evidence after his death for all purposes. What is the meaning of its being against his interest? I adopt the view of Mr. Baron Parke in the case
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  Case index catchwords

  EVIDENCE — Admissibility — Written Entries by Deceased Person.

• In Re Bunnett, Ex Parte Jeavons

  19 Jun 1876 3 ChD 320, Ch D

  BANKRUPTCY — Concurrent bankruptcy and liquidation petitions — Liquidation resolved upon
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  Case index catchwords

  BANKRUPTCY — Concurrent bankruptcy and liquidation petitions — Liquidation resolved upon — Costs of Petitioning Creditor — Bankruptcy Rules, 1870, rr. 31, 186.

  1 Statutory Instrument considered
• Eardley v Granville

  Subsequent considerations : 1 negative. Subsequent citations: 5.

• In Re Arthur Average Association

  26 Feb 1876 3 ChD 522, Ch D

  INSURANCE — Mutual marine insurance association — Winding Order, Error in
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  Case index catchwords

  INSURANCE — Mutual marine insurance association — Winding Order, Error in — Costs — Outside Debts.

• In Re Barrand, Ex Parte Cochrane

  21 Jul 1876 3 ChD 324, Ch D (Bacon CJ)

  BILL OF SALE — Registration — First Bill of Sale not registered
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  Case index catchwords

  BILL OF SALE — Registration — First Bill of Sale not registered — Second Bill of Sale of same Property registered — Bankruptcy of Mortgagor — Rights of Trustee — Bills of Sale Act, 1854, s. 1.

  1 Statute considered

• In Re Bird’s Trusts

  26 Jul 1876 3 ChD 214, Ch D

  RECTIFICATION — Rectification of deed on petition.
  MALINS, V.C.:— It is evident that the object of this settlement was to convey an absolute estate in the real and personal property to which Mrs. Bird was entitled under the will of her father, and this was to be settled in the usual way, first giving a life estate. That being the object of the settlement, this property, consisting principally of real estate, is conveyed in the first place to the trustees, their executors, administrators and assigns, the effect of which is to convey to the trustees nothing more than a life estate jointly in the freehold property, and
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  Case index catchwords

  RECTIFICATION — Rectification of deed on petition.

• Ex Parte Thorne, In Re Jones

  02 Jun 1876 3 ChD 457, CA

  BANKRUPTCY — Trader — Keeper of a Lodging and Boarding House
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  Case index catchwords

  BANKRUPTCY — Trader — Keeper of a Lodging and Boarding House — Professional Nurse — Bankruptcy Act, 1869, sched. 1.

  1 Statute considered

• In Re Emery’s Estate; Jones v Emery

  19 Jun 1876 3 ChD 300, Ch D (Hall V-C)

  WILL — Gift to three Children of Niece — A fourth Child en ventre sa mère at Date of Will.
  HALL, V.C.:— I am of opinion that none of the authorities referred to govern this case. The will and codicil in this case were both made before the birth of the Plaintiff. The gift is “to each of the three children of my niece,” and if anybody had been asked at the date of the will how many children the niece had, the answer would have been three. If the gift had been to all her children, the child en ventre sa mère would have been included, and all four would have taken. The niece had three children actually in
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  Case index catchwords

  WILL — Gift to three Children of Niece — A fourth Child en ventre sa mère at Date of Will.