 ... shall descend to the heirs, or pass to the devisees of the testator, subject to the execution of the power.23 Section 77 was formerly i Revised Statutes, 729, section 56: § 56. A devise of lands to executors or other trustees, to be sold or mortgaged...  Reports of Cases Decided in the Court of Appeals of the State of New York - Page 297by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1892Full view - About this book
 | New York (State) - Law - 1829 - 826 pages
...profits, shall vest no estate in the trustees ; but the trust shall be valid as a power, and the lands shall descend to the heirs, or pass to the devisees...the testator, subject to the execution of the power. § 57. Where a trust is created to receive the rents and profits ofpro(it«of lands, and no valid direction... | |
 | James Kent - 1826-1830 - 1830 - 556 pages
...profits, shall vest no estate in the trustees ; but the trust shall be valid as a power, and the lands shall descend to the heirs, or pass to the devisees of the testator, subject to the execution of the power.1' If the construction of this section be, that a devise of the lands to executors to be sold,... | |
 | Jacob D. Wheeler - Common law - 1835 - 620 pages
...authorised to tor. receive the rents and profits; but the trusts shall be valid as a power; and the lands shall descend to the heirs, or pass to the devisees...testator, subject to th-e execution of the power." And the statute provides for "express trusts to be created to sell lands, for the benefit of creditors,... | |
 | Tennessee. Supreme Court, George Shall Yerger - Law reports, digests, etc - 1836 - 668 pages
...profits, shall vest no estate in the trustees; but the trust shall be valid as a power, and the lands shall descend to the heirs, or pass to the devisees...testator, subject to the execution of the power." Thus a community equally intelligent with any in the Union, when legislating on the subject of the... | |
 | James Kent - Law - 1848 - 798 pages
...profits, shall vest no estate in the trustees ; but the trust shall be valid as a power, and the lands shall descend to the heirs, or pass to the devisees...testator, subject to the execution of the power." If the construction of this section be, that a devise of the lands to executors to be sold, does not... | |
 | Michigan - 1857 - 1012 pages
...estate in the Trustees ; but the trust shall be valid as a power, and the lands shall descend to their heirs, or pass to the devisees of the testator, subject to the execution of the power. itd- (2643.) SEC. 13. When a trust is created to receive the in certainrents an(j profits of lands,... | |
 | Michigan, Thomas McIntyre Cooley - Law - 1857 - 998 pages
...estate in the Trustees ; but the trust shall be valid as a power, and the lands shall descend to their heirs, or pass to the devisees of the testator, subject to the execution of the power, to' c«"itd (2643.) SEC. 13. When a trust is created to receive the ta certain rentg and profits of... | |
 | James Kent - Law - 1858 - 778 pages
...profits, shall vest no estate in the trustees ; but the trust shall be valid as a power, and the lands shall descend to the heirs, or pass to the devisees...testator, subject to the execution of the power." If the construction of this section be, that a devise of the lands to executors to be sold, does not... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...such a case, no estate is vested in the trustees. But the trust is valid as a power, and the lands descend to the heirs, or pass to the devisees of the testator, subject to the execution of the power. (1 RS 729, § 56.) The reason for this change of the law has been said to be, to take from the trustee... | |
 | New York (State) - Law - 1863 - 1036 pages
...profits, shall vest no estate in the, trustees ; but the trust shall be valid as a power, and the lands shall descend to the heirs, or pass to the devisees...the testator, subject to the execution of the power. 18 NY, 107; 2 B., 537 ; 2 Ed., 659; 2 H., 569. <$ 57. Where a trust is created to receive the rents... | |
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