A Practical Treatise of Assets Debts And Incumbrances
A Practical Treatise of Assets Debts And Incumbrances
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Taylor, 10 Ves. 579.
(w) Heaton v. Hassell, 4 Vin. Abr. 40, in marg. , 2 Eq. Cas. Abr. 467 ; Garforth V. Bradley, 2 Ves. 677, cited 9 Ves. 96.
S. III. ] OF CHOSES IN ACTION OF A VVIl-E. 181 that " it be expressly so agreed between the parties, and that appears to be part of the consideration of the settlement" (x). The rule, says Sir W. Grant, is established, that to make the husband a purchaser of the whole fortune of his wife, " the set- tlement must either express, or clearly import, that in...tention " (y). Where such a purchase is effected, the chose in action of the wife will not survive to her, but will belong to the personal repre- sentatives of her husband, in the event of his death before it is reduced into his possession {z). Several cases occur, in which it has been held that such a purchase was not effected (a) ; and a consequence of this interpretation has been, that the chose in action survived to the wife, on the death of her husband in her life-time (Z»).
(x) 4 Vin. Abr.
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You can find similar books in the "Read Also" column, or choose other free books by James Ram to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Taylor, 10 Ves. 579.
(w) Heaton v. Hassell, 4 Vin. Abr. 40, in marg. , 2 Eq. Cas. Abr. 467 ; Garforth V. Bradley, 2 Ves. 677, cited 9 Ves. 96.
S. III. ] OF CHOSES IN ACTION OF A VVIl-E. 181 that " it be expressly so agreed between the parties, and that appears to be part of the consideration of the settlement" (x). The rule, says Sir W. Grant, is established, that to make the husband a purchaser of the whole fortune of his wife, " the set- tlement must either express, or clearly import, that in...tention " (y). Where such a purchase is effected, the chose in action of the wife will not survive to her, but will belong to the personal repre- sentatives of her husband, in the event of his death before it is reduced into his possession {z). Several cases occur, in which it has been held that such a purchase was not effected (a) ; and a consequence of this interpretation has been, that the chose in action survived to the wife, on the death of her husband in her life-time (Z»).
(x) 4 Vin. Abr.
What to read after A Practical Treatise of Assets Debts And Incumbrances?
You can find similar books in the "Read Also" column, or choose other free books by James Ram to read onlineMoreLess
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