Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 53

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Common terms and phrases

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Էջ 411 - ... death of the testator, unless a contrary intention shall appear by the will. XXXIII. And be it further enacted, that where any person being a child or other issue of the testator to whom any real or personal estate...
Էջ 681 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Էջ 117 - But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act which is in law and in fact a wrong act, and therefore a wrongful act, and therefore an actionable act if injury ensues from it.
Էջ 117 - Intentionally to do that which is calculated in the ordinary course of events to damage, and which does, in fact, damage another in that other person's property or trade, is actionable if done without just cause or excuse.
Էջ 411 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Էջ 366 - Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor...
Էջ 320 - That all grants and assignments of any trust or confidence shall likewise be in writing, signed by the party granting or assigning the same, or by such last will or devise, or else shall likewise be utterly void and of none effect.
Էջ 177 - The most satisfactory solution of the doubt thus eugenderd is found in the legal rule that the personal estate of a testator is the primary fund for the payment of his debts, even though the debts be secured by mortgage upon his realty, and that the personalty will not be exonerated from this primary liability, merely because the testator has evinced a purpose to charge his debts upon his real estate, unless he has clearly indicated an Intention to discharge his personal property therefrom.
Էջ 545 - But his memory may be very imperfect ; it may be greatly impaired by age or disease ; he may not be able, at all times, to recollect the names, the persons, or the families, of those with whom he had been intimately acquainted ; may at times ask idle questions, and repeat those which had before been asked and answered ; and yet his understanding may be sufficiently sound for many of the ordinary transactions of life. He may not have sufficient...
Էջ 362 - Immediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees In good faith...

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