The Irish Law Times and Solicitors' Journal, Band 2

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J. Falconer, 1868

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Seite 158 - Importunity or threats such as the testator has not the courage to resist : moral command asserted and yielded to for the sake of peace and quiet or of escaping from distress of mind or social discomfort — these, if carried to a degree in which the free play of the testator's judgment, discretion, or wishes is overborne, will constitute undue influence, though no force is either used or threatened. In a word, a testator may be led, not driven, and his will must be the offspring of his own volition...
Seite 254 - The King grants permission to Earl Grey, and to his Chancellor, Lord Brougham, to create such a number of peers as will be sufficient to ensure the passing of the Reform Bill, first calling peers' eldest sons. — Signed, WILLIAM R., Windsor, May 17, 1832.
Seite 158 - On the other hand, pressure of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will can be made.
Seite 156 - Colony, Island, Plantation, or place respectively, or before any of Her Majesty's Consuls or ViceConsuls in any Foreign parts out of Her Majesty's dominions...
Seite 156 - Act, shall be laid before both houses of parliament within one month after the making thereof, if parliament be then sitting, or if parliament be not then sitting, within one month after the commencement of the then next session of Parliament.
Seite 156 - council", as used in any of said sections, shall include the body exercising legislative authority for the city or town, and all ordinances enacted and resolutions adopted by such body shall have the same force and effect for all purposes, as if enacted or adopted in accordance with the provisions of section one hundred and twenty-three of this article.
Seite 132 - Christian and surnames, addresses, and descriptions, the full particulars of their claims, a statement of their accounts, and the nature of the securities (if any) held by them, or in default thereof they will be peremptorily excluded from the benefit of the said decree [or, order].
Seite 158 - Persuasion, appeals to the affections or ties of kindred, to a sentiment of gratitude for past services, or pity for future destitution, or the like, — these are all legitimate, and may be fairly pressed on a testator. On the other hand, pressure...
Seite 10 - Restriction a* to a certificate under this act to issue any share created under the **'" authority of the certificate, nor shall any such share vest in the person accepting the same, unless and until a sum not being less than one-fifth part of the amount of such share is paid up in respect thereof.
Seite 170 - ... it is impossible to say, one shall be forced to give that price for part only, which he intended to give for the whole, or that the other shall be obliged to sell the whole, for what he intended to be the price of part only.

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