Reports of Cases Argued and Determined in the Court of Chancery of the State of New-York [1828-1845], Volume 1

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Page 383 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses.
Page 198 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 161 - States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 297 - ... may file a bill in behalf of themselves and all others standing in the same situation.
Page 107 - In order to come within the provision of the constitution of the United States which declares that no state shall pass any law impairing the obligation of contracts...
Page 398 - ... misappropriate ; namely, those in which he uses the trust funds in his own traffic '! At first sight this seems grossly absurd, and some reflection is required to understand how the court could ever, even in appearance, countenance such an anomaly. The reason which has induced judges to be satisfied with allowing interest only, I take to have been this : They could not easily sever the profits, attributable to the trust money, from those belonging to the whole capital stock ; and the process...
Page 306 - In one case the issuing of the execution gives to the plaintiff a lien upon the property, but he is compelled to come here for the purpose of removing some obstruction, fraudulently or inequitably interposed to prevent a sale on the execution.
Page 350 - Testator, as and for his last will and testament in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names as Witnesses thereto.
Page 559 - If it is such property as the judgment creditors could obtain a specific or general lien on at law, they are entitled to the fruits of their superior vigilance, so far as they have succeeded in getting such lien. But if the property was in such a situation that it could not be reached by a judgment at law, and the fund is raised by a decree of this court, and the creditors are obliged to come here to avail themselves of it, they will be paid on the footing of equity only.
Page 172 - ... will not depend so much upon the number as upon the intelligence of the witnesses and their capacity to form correct opinions, their means of information, the unprejudiced state of their minds and the nature of the facts testified to in support of those opinions.

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