Reports Of Cases Argued And Determined In The High Court Of Chancery (volume 3); During The Time Of…

Paperback | January 4, 2012

byGreat Britain. Court Of Chancery

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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1844. Not illustrated. Excerpt: ... his maternal grandfather; and, upon his death, Henry Cecil obtained administration to him. Henry Cecil, afterwards going abroad, gave a power of attorney to the defendant Burslem, whereby he authorized him to act as his attorney, and by virtue whereof Burslem removed the plate from Hanbury-Hall. The plaintiffs, as persons entitled in remainder to the estate, and, as 1hey contended, also to the plate, &.c. directed to go with them as [*103] heir-looms, filed their bill against Burslem, the attorney *of Henry Cecil, who was out of the jurisdiction of the Court, and against Emma Cecil, who lived separate from her husband, praying that an inventory might be taken of the plate, and an account of that which had been sold or exchanged, and the effects returned to Hanbury-Hall, and secured there for the benefit of the persons interested in the estate, and that Burslem might be restrained by injunction from selling the same. The defendant Burslem, by his answer, admitted the facts, but insisted that, by virtue of the letters of administration to his son, and in right of Emma his wife, Henry Cecil had the absolute interest in the effects devised as heir-looms, and that he, the defendant, as his attorney, was entitled to dispose of the same. Mr. Steele, for the plaintiffs. The only question is, whether this case is exactly within the rule of Foley v. Burnell (ante, vol. i. p. 274); or the words " as far as the rules of law and equity will permit," take it out of that rule. In Gower v. Grosvenor, Barnard, 54, Lord Hardwicke was of opinion, that when the testator uses the words " as far as the rules of law and equity will permit," a court of equity will carry the limitation as far as the court could execute it. And it might certainly have been so limited here, as to prevent the ...

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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1844. Not illustrated. Excerpt: ... his maternal grandfather; and, upon his death, Henry Cecil obtained administration to him. Henry Cecil, afterwards going abroad, gave a p...

Format:PaperbackDimensions:350 pages, 9.69 × 7.44 × 0.73 inPublished:January 4, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217790283

ISBN - 13:9780217790284

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