Warburton v Warburton
| Jurisdiction | England & Wales |
| Judgment Date | 13 May 1701 |
| Date | 13 May 1701 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 869
LORD KEEPER.
Warburton
and
Warburton
[420] de terming pasch^;, 1701, in curia cancellarij:. Case 383.-warburton versus warburton. Lord Keeper. May 13 [1701]. [1] Eq. Ca. Ab. 345, pi. 13, S. C. Where a term is limited to raise portions for younger children by rents and profits, the heir may have the portions raised by a sale, though the younger children oppose it, as well as he may insist on a sale if he think fit. Upon rehearing of this cause,(l) the first question was, whether the younger children's portions should be raised by sale, or only out of rents and profits, as the 870 CITY OF LONDON V. RICHMOND 2 VEEN. 421. same should arise. By the settlement a term of ninety-nine years was lodged...
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12 cases
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Adair v The New River Company
...the case of a Plaintiff, coming under the Act of Parliament, desiring to be assessed under the duo construction of the ActThe City of London v. Richmond (2 Vern. 420 ; Pre. Ch. 15G ; 1 Era. P. C. 30[2nded. 51G]), Quintine v. Yard (1 Eq. Can. Abr. 74), and Lloyd v. Loaring(K Ves. 773. See th......
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Alice Warburton and another, - Appellants; Peter Warburton, - Respondent
...Peter, was to have 40 per ann. for his maintenance, until all these trusts were discharged. H.L. 11. 1 1 IV BROWN. WARBURTON V. WARBURTON2 Vern. 420. and 14 Vin. 279. c. 17. was, that where a term is limited to raise portions for younger children by rents and profits, the heir may have the ......
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Doctor Potter and Others, against Doctor Chapman and Doctor Paul
...benefit of one of them, but he is clearly an object of the testator's intention. As to the case of Warburton v. Warburton, cited out of 2 Vern. 420, there was a rule prescribed by the testator for the exercise of the discretion of the trustees, vis. according to their need and necessity. . ......
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Warter v Hutchinson
...Court has construed the words " rents and profits " to mean the produce of the corpus of the estate. 114 MOIR V. MUDIE 1 SIMWarburton v. Warturton (2 Vern. 420). I apprehend that every principle on which that case was decided applies here ; for if it is held that the rents and profits are a......
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