2634 INDEX TO THE [CHANCERY
|
 
|
 
|
Page.
|
NOTICE.
|
 
|
When any court, &c. shall order the publication of any notice, or other
|
 
|
advertisement, in a newspaper, the court, &c. shall direct the place
|
 
|
in which the notice, &c. shall be published, the number of papers,
|
 
|
and the number of insertions, but shall not name the paper, but
|
 
|
leave to the party to select the paper in which the same shall be
|
 
|
inserted— 1821, ch. 178, ........
|
880
|
See Notice, in the 'General Index.'
|
 
|
ORPHANS COURT.
|
 
|
The orphans courts or the chancery court empowered to decree or give
|
 
|
directions to executors or administrators, with a copy of the will
|
 
|
annexed, to retain the personal estate or a part thereof, after all
|
 
|
claims are discharged whereby the will, money, or some other thing
|
 
|
is directed to be paid, at a distant period or upon a contingency —
|
 
|
1798, ch. 101, sub ch. 10, 11, .......
|
400
|
Directions relative to sales of minors' estates, made by order of the
|
 
|
county courts or chancery, Sec. — 1816, ch. 154, sec. 5, .
|
645
|
How surplus interest to be vested, &c. — 1816, ch. 154, sec. 6, .
|
645
|
How transfers to be made, &c. — 1816, ch. 154, sec. 7, ...
|
645
|
PARTIES.
|
 
|
Upon appeals from the chancery court or county courts as courts of
|
 
|
equity, where proper parties have not been made, court of appeals
|
 
|
may reverse the decree or award a new trial, specifying in the order
|
 
|
for a writ of procedendo, the parties to be made, &c. — 1818, ch. 193,
|
 
|
sec. 14, ...........
|
701
|
When a new party is made on the application of the opposite party,
|
 
|
such new party may on appearance deny the matters alleged in
|
 
|
the application, and where a new party is made on his own applica-
|
 
|
tion, the opposite party may traverse the facts in the application —
|
 
|
1821, ch. 161, sec. 7, !
|
734
|
See Abatement.
|
 
|
PARTITION.
|
 
|
Provision made for decreeing a partition of lands held by infants,
|
 
|
idiots, &c. jointly with other persons — 1794, ch. 60, sec. 8,
|
318
|
Extended to infants residing out of the state, on answer being taken by
|
 
|
commissioners to be appointed by the chancellor — 1797, ch. 114,
|
 
|
sec. 5, ...........
|
358
|
Extended to cases where all the persons reside out of the state — 1818,
|
 
|
ch. 193, sec. 11, .........
|
701
|
See Idiots, Lunatics and Minors.
|
 
|
PROCEDENDO.
|
 
|
Upon appeals from chancery or county courts as courts of equity, if it
|
 
|
appear that proper parties have not been made, court of appeals may
|
 
|
reverse the decree or award a new trial, specifying in the order for
|
 
|