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<head>1830. July 27<lb/> | |||
Review.</head> | |||
<note>III Legacia</note> | |||
<p><add>For M<gap/></add> Not so our learned and rhetorical draughtsman<lb/> | |||
Of such examination either <del><gap/></del> no use at all is<lb/> | |||
made, or if any, care is taken that it shall not be, or<lb/> | |||
at any rate that it shall not be an <add>the</add> <unclear>initiary</unclear> operation</p> | |||
<note>Conditions negative<lb/> | |||
non existence of<lb/> | |||
Efficient causes of<lb/> | |||
cessation of Right<lb/> | |||
1. Payment of defendant</note> | |||
<p>II Conditions negative. <del><gap/></del> from existence of<lb/> | |||
efficient causes of cessation of such right and <add>or</add> title</p> | |||
<p>1. Payment of the <del>whole</del> subject matter demanded<lb/> | |||
<add>or due</add> whether it be the whole or only a part payment by the<lb/> | |||
proposed defendant or a <unclear>Co-execution</unclear> of his to the<lb/> | |||
proposed demandant</p> | |||
<note>2. Release by demandant</note> | |||
<p>2. Release to the proposed defendant by the proposed<lb/> | |||
demandant</p> | |||
<p><del>Now</del></p> | |||
<note>By Brougham no<lb/> | |||
mention of either of<lb/> | |||
these negative conditions</note> | |||
<p>Now for our learned draughtsman<lb/> | |||
Of neither <add>the non-existence</add> of these negative conditions does he make any<lb/> | |||
mention</p> | |||
<note>State<del>ment</del>d by him as a<lb/> | |||
negative condition<lb/> | |||
allegation by defendant<lb/> | |||
that he has disposed of all<lb/> | |||
the deceased effects received<lb/> | |||
by him</note> | |||
<note>This no proper ground<lb/> | |||
for noncompliance then<lb/> | |||
legacies not equally<lb/> | |||
proportioned</note> | |||
<p>Given <add>Stated</add> by him as <del><gap/></del> a negative condition, is efficient<lb/> | |||
cause of non-existence or of cessation of right and title<lb/> | |||
is the <sic>alledged</sic> fact of his having made disposition of <unclear>every</unclear><lb/> | |||
<add>such</add> part of the property appertaining to the deceased at his decease<lb/> | |||
— of every such part as has come into his hands<lb/> | |||
So our learned draughtsman. But for <del><gap/></del> non-<lb/> | |||
compliance with <add>in</add> this same demand no proper ground<lb/> | |||
can be constituted out of this fact. On the face of the last will<lb/> | |||
this legacy stands on the same ground with the other legacies<lb/> | |||
Inconsistent therefore <del><gap/></del> with justice would be the leaving the<lb/> | |||
<add>legacy</add><lb/> | |||
<note>legacy altogether without<lb/> | |||
satisfaction while satisfaction<lb/> | |||
to any <unclear>amount in<lb/> | |||
proportion</unclear> was made to<lb/> | |||
any other.</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1830. July 27
Review.
III Legacia
For M Not so our learned and rhetorical draughtsman
Of such examination either no use at all is
made, or if any, care is taken that it shall not be, or
at any rate that it shall not be an the initiary operation
Conditions negative
non existence of
Efficient causes of
cessation of Right
1. Payment of defendant
II Conditions negative. from existence of
efficient causes of cessation of such right and or title
1. Payment of the whole subject matter demanded
or due whether it be the whole or only a part payment by the
proposed defendant or a Co-execution of his to the
proposed demandant
2. Release by demandant
2. Release to the proposed defendant by the proposed
demandant
Now
By Brougham no
mention of either of
these negative conditions
Now for our learned draughtsman
Of neither the non-existence of these negative conditions does he make any
mention
Statementd by him as a
negative condition
allegation by defendant
that he has disposed of all
the deceased effects received
by him
This no proper ground
for noncompliance then
legacies not equally
proportioned
Given Stated by him as a negative condition, is efficient
cause of non-existence or of cessation of right and title
is the alledged fact of his having made disposition of every
such part of the property appertaining to the deceased at his decease
— of every such part as has come into his hands
So our learned draughtsman. But for non-
compliance with in this same demand no proper ground
can be constituted out of this fact. On the face of the last will
this legacy stands on the same ground with the other legacies
Inconsistent therefore with justice would be the leaving the
legacy
legacy altogether without
satisfaction while satisfaction
to any amount in
proportion was made to
any other.
Identifier: | JB/004/175/001"JB/" can not be assigned to a declared number type with value 4. |
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1830-07-27 |
not numbered |
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004 |
lord brougham displayed |
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175 |
review |
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001 |
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text sheet |
1 |
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recto |
c3 / c2 |
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jeremy bentham |
b&m 1829 |
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arthur moore; richard doane |
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1829 |
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2096 |
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