A Practical Treatise of Powers |
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Page 18
... contingent uses . What operation the statute had upon contingent uses has been the subject of much judicial controversy , and demands our particular attention . Perhaps no question ever occurred on which the Judges were so divided in ...
... contingent uses . What operation the statute had upon contingent uses has been the subject of much judicial controversy , and demands our particular attention . Perhaps no question ever occurred on which the Judges were so divided in ...
Page 19
... contingent uses remained actually vested in the feoffees till the uses arose . But according to some of the books , the majority of the Judges held , that there remained not an actual estate , but a possibility of seisin , or a ...
... contingent uses remained actually vested in the feoffees till the uses arose . But according to some of the books , the majority of the Judges held , that there remained not an actual estate , but a possibility of seisin , or a ...
Page 20
... contingent uses . This case was first heard in the King's Bench , and in the next year it came on in the Cominon Pleas , when Mounson held , that the wife might enter of her own authority , and that she was well entitled . His opinion ...
... contingent uses . This case was first heard in the King's Bench , and in the next year it came on in the Cominon Pleas , when Mounson held , that the wife might enter of her own authority , and that she was well entitled . His opinion ...
Page 22
... contingent uses remained actually vested in the feoffees ; and perhaps he meant the same thing by this doctrine of scintilla juris , for he defines it to be an in- terest and title , and not merely a naked authority or power . At all ...
... contingent uses remained actually vested in the feoffees ; and perhaps he meant the same thing by this doctrine of scintilla juris , for he defines it to be an in- terest and title , and not merely a naked authority or power . At all ...
Page 23
... contingent uses , and that , therefore , they could not enter . Wray , Chief Justice , was of the same opinion ; he thought that the whole estate was settled in the cestui que use , yet subject to such contingent use , and he should ...
... contingent uses , and that , therefore , they could not enter . Wray , Chief Justice , was of the same opinion ; he thought that the whole estate was settled in the cestui que use , yet subject to such contingent use , and he should ...
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Common terms and phrases
appears authorised authority bargain and sale cestui Chudleigh's cited common law consideration considered conveyance court court of equity covenant to stand creating the power decided decision declared default of appointment defeated demised determined devise dispose doctrine dower Duke Earl equity estates limited executing the power executors exercise expressly extinguished favour fee simple feme covert feoffees feoffment given Goodtitle grant heirs held husband intention interest jointure Judges land leasehold estates legal estate lessee Lord Alvanley Lord Chief Justice Lord Eldon Lord Hardwicke marriage ment objects observed operate opinion party person possession power in gross power of appointment power of leasing power of revocation purchaser release remainder-man rent revoke scintilla juris seisin sell settled settlement simply collateral Smith stand seised statute statute of frauds tail take effect tenant Term Rep tion trust vested Vide supra void wife words
Popular passages
Page 536 - Ash, by any deed or deeds, writing or writings, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of, and to be attested by, two or more credible witnesses...
Page 8 - ... to all intents, constructions and purposes in the law, of and in such like estates as they had or shall have in use, trust or confidence of or in the same...
Page 536 - CD (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said AB in consideration of five shillings in and by an indenture bearing date the day next before the day of the date of...
Page 311 - ... who has given him an interest extensive enough to enable him to discharge it, he is a trustee for the exercise of the power, and not as having a discretion, whether he will exercise it, or not; and the court adopts the principle as to trusts; and will not permit his negligence, accident, or other circumstances, to disappoint the interests of those, for whose benefit he is called upon to execute it.
Page 8 - ... be from henceforth clearly deemed and adjudged to be in him or them that have or hereafter shall have such use confidence or trust, after such quality manner form and condition as they had before in or to the use confidence or trust that was in them.
Page 310 - • are never imperative: they leave the act to be done at the will of the party to whom they are given. Trusts are always imperative, and are obligatory upon the conscience of the party intrusted.
Page 197 - ... and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 397 - What is an illusory share, and what is a substantial share ? Is it to be judged of upon a mere statement of the sum given, without reference to the amount of the fortune, which is the subject of the power ? If so, what is the sum that must be given to exclude the interference of the Court ? What is the limit of amount at which it ceases to be illusory and begins to be substantial ? If it is to be considered with reference to the amount of the fortune, what is the proportion, either of the whole or...
Page 536 - ... to the uses upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations...
Page 357 - ... and the heirs of his body; and in default of such issue then, over,