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" But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor shall not be chargeable for the injury done by his testator... "
The Law and Practice in Actions for Torts in the State of New York - Seite 214
von James Newton Fiero - 1903 - 893 Seiten
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Reports of Cases Argued and Determined in the High Court of Chancery in ...

Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy - 1808 - 526 Seiten
...MANSFIELD in Hdmbly v. Trott, Cowp. 376, " as for instance, the executor shall not be chargea" ble for the injury done by his testator in cutting down...another man's trees, but for the benefit arising to the tl testator for the value or sale of the trees he shall.'1 This shews clearly what the principle...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 3

1816 - 452 Seiten
...And again, — " But where, beside the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive...testator for the value or sale of the trees he shall." So here, upon the same principle, the defendant having, beside the tort committed in taking the plaintiff's...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 3

1816 - 644 Seiten
...acquired which benefits the testator, there an action for the value of the property shall survive ngainst the executor. As, for instance, the executor shall...testator for the value or sale of the trees he shall." So here upon the same principle, the defendant having, beside the tort committed in taking the plaintiff's...
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Reports of Cases Argued and Determined in the Court of the Vice Chancellor ...

Great Britain. Court of Chancery, Henry Maddock, Thomas Charles Geldart - 1817 - 686 Seiten
...assessed by a Jury. But where, besides the crime, Property is acquired which benefits the Testator, there an Action for the value of the Property shall survive...chargeable for the Injury done by his Testator in cut ting down another man's Trees; but for the benefit arising to his Testator for the value or sale...
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A Treatise on the Law of Injunctions

Robert Henley Eden Baron Henley - 1821 - 514 Seiten
...but where, besides the crime, pro- Account. perty is acquired which benefits the testator, there " an action for the value of the property shall survive...testator for the value or sale of the trees, he shall. So far as the tort itself goes, an executor shall not be liable, but so far as the act of the offender...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1874 - 1086 Seiten
...Hambly v. '/'/•••// (ubi supra), " Where property is acquired which benefits the testator, there an action for the value of the property shall survive...testator for the value or sale of the trees he shall." Mr. Gibb's estate derived no benefit from the misrepresentation to which he was a party, and, therefore,...
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A Practical Abridgment of American Common Law Cases Argued and ..., Band 5

Jacob D. Wheeler - 1835 - 620 Seiten
...jury. But where besides the crime, property is acquired which benefits the testator, (here an setion for the value of the property shall survive against...be chargeable for the injury done by his testator for cutting down another man's trees, but for the benefit arising to tis testator for the value or...
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A Digest of the Laws of England Respecting Real Property, Band 1

William Cruise - 1835 - 502 Seiten
...of such a nature as that thereby property is gi c '" ' acquired which benefits the testator, there an action for the value . of the property shall survive against the executor (m) at law, for 546. legal waste ; and that equity would decide in respect of equitable waste, in analogy...
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A Systematic Arrangement of Lord Coke's First Institute of the Laws ..., Band 3

Sir Edward Coke, John Henry Thomas - 1836 - 772 Seiten
...the term goes to his executor or administrator. But though the executor shall not be chargeable fur the injury done by his testator in cutting down another man's trees, because aclio personalia muritur cum persona ¡ yet he shall be liable, in an action for money had...
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Reports of Cases Argued and Determined in the High Court of Chancery ..., Band 2

Great Britain. Court of Chancery, James Russell, James William Mylne - 1837 - 808 Seiten
...assessed by a jury. But where besides the crime property is acquired which benefits the testator, there an action for the value of the property shall survive...testator for the value or sale of the trees he shall." Therefore where the trespasser commits an injury, without benefit to himself, and dies, then the action...
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