Digest of the Decisions of the Courts of Common Law and Admiralty in the United States, Volume 2

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Página 76 - God and as touching such worldly estate wherewith it has pleased God to bless me in this life I give devise and dispose of the same in the following manner and form...
Página 60 - ... such surviving child shall die, under age, and not having been married, all the estate that came to the deceased child by inheritance from such deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of representation.
Página 79 - Wend. 119, where it is held that a devise to two daughters of land "to be equally divided between them, share and share alike...
Página 15 - In all cases where there is no rule of law regulating the assessment of damages, and the amount Boyce v. California Stage Company. does not depend on computation, the judgment of the jury, and not the opinion of the Court, is to govern, unless the damages are so excessive as to warrant the belief that the jury must have been influenced by partiality or prejudice, or have been misled by some mistaken view of the merits of the case.
Página 51 - It is a general principle that the party who sets up a title must furnish the evidence necessary to support it. If the validity of a deed depends on an act in pais, the party claiming under that deed is as much bound to prove the performance of the act as he would be bound to prove any matter of record on which its validity might depend. It forms a part of his title; it is a link in the chain which is essential to its continuity, and which it is incumbent on him to preserve.
Página 11 - The party performed his undertaking, but the machines were not supplied as agreed ; and it was held that the measure of damages was the value of the...
Página 189 - ... to be preferred and to take before the younger of such sons, and the heirs of his...
Página 60 - Provided also, and it is further enacted by the authority aforesaid, that if after the death of a father, any of his children shall die intestate without wife or children, in the lifetime of the mother, every brother and sister, and the representatives of them, shall have an equal share with her ; anything in the lastmentioned acts to the contrary notwithstanding.
Página 322 - When it shall appear to the court that the personal estate of a deceased person in the hands of his executor or administrator is insufficient to pay the debts of the deceased and the charges of administering his estate, or whenever it shall appear to the court that it is for the best interest of all persons interested in the estate that his real estate or some part thereof be sold for such purpose in lieu of disposing of...
Página 296 - St. 478, it was held that parol evidence was not admissible to show that the...

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