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" In suits to execute the trusts of a will, it shall not be necessary to make the heir at law a party; but the plaintiff shall be at liberty to make the heir at law a party where he desires to have the will established against him. "
Equity Practice in the United States Circuit Courts: A Compilation of the ... - Page 101
by Oliver Perry Shiras - 1889 - 149 pages
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1841 - 634 pages
...matter on the hearing, if it shall so think fit, order such persons to be made parties. XXXI. That in suits to execute the trusts of a will, it shall not be necessary to make the heir-atlaw a party; but the plaintiff shall be at liberty to make the heir-at-law a party where he...
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The Legal Observer, Or, Journal of Jurisprudence, Volume 22

Law - 1841 - 550 pages
...matter on the iraring, it it shall su think lit, order such persons to be made parties. XXXI. That in suits to execute the trus-ts of a will, it shall not be necessary to make the lieir at law a p.irty ; but the plaintiff shall be at liberty to make the heir at hw a party where...
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The Orders of the High Court of Chancery: From Hilary V. 1828 to Mich. T ...

Samuel Miller - Equity pleading and procedure - 1842 - 518 pages
...rents and profits parties to the suit. And by the 31st of the same orders it is also declared, that in suits to execute the trusts of a will, it shall not be necessary to make the heir at law a party. (a) In Smethurst v. Longworth, 2 Keen, 603, it was held, that this statute did not empower a Court...
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Annual Register, Volume 83

Edmund Burke - History - 1842 - 964 pages
...the matter on the hearing, if it shall so think fit, order such persons to be made parties. 31. That in suits to execute the trusts of a will it shall not be necessary to make the heir-at-law a party, but the plaintiff shall be at liberty to make the heir-at-law a party where he...
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Reports of Cases in Chancery, Argued and Determined in the Rolls ..., Volume 3

Great Britain. Court of Chancery, Charles Beavan - Equity - 1842 - 730 pages
...will, it shall Heir at law ... not an indisnot be necessary to make the heir at law a party ; pensable party but the plaintiff shall be at liberty to make the heir at in suits to exe1 r cute trusts of law will 1841. One or more of parties, jointly and severally liable,...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 1

Great Britain. Court of Chancery, Richard Davis Craig, Thomas Jodrell Phillips - Equity - 1842 - 428 pages
...of a will, it shall Heir not nenot be necessary to make the heir at law a party; but "'suits ^) rty the plaintiff shall be at liberty to make the heir at law execute trusts a party where he desires to have the will established «il7is to be against him. established....
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Practice of the Court of Chancery: With an Appendix, Containing All the ...

Solomon Atkinson - Equity pleading and procedure - 1842 - 580 pages
...Court, has hitherto been a necessary party. By the orders under consideration, it is provided, that " In suits to execute the trusts of ' a will, it shall not he necessary to make the heir ' at law a party; but the plaintiff shall be at li' berty to make the...
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Report of Cases in Chancery: Argued and Determined in the Rolls ..., Volume 3

Great Britain. Court of Chancery, Charles Beavan - Equity - 1842 - 726 pages
...pensable party THAT in suits to execute the trusts of a will, it shall Heir at law ... not an indisbut the plaintiff shall be at liberty to make the heir at law will, 1841. One or more of parties, jointly and severally liable, may be sued alone. On overruling...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 42

United States. Supreme Court - Courts - 1843 - 460 pages
...consideration of the matter on the hearing, if it shall so think fit, order such persons to be made parties. L. In suits to execute the trusts of a will, it shall...desires to have the will established against him. LI. In all cases in which the plaintiff has a joint and several demand against persons, either as principals...
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Questions at the examination of articled clerks. [Hilary term, 1843 ...

Law society - 1843 - 92 pages
...1843, as amended by 6th Ord. of llth Apl. 1842. 11. In suits to execute the trusts of a will, it is not necessary to make the heir at law a party, but the plaintiff is at liberty to make the heir at law a party where he desires to have the will established against...
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