A Practical Treatise of Powers |
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Page 2
... dispose of an estate , or sum of mo- ney , of which the legal interest is vested in another , is a power of the second sort . The legal interest is not divested by the execution of the power , but equity will compel the person seised of ...
... dispose of an estate , or sum of mo- ney , of which the legal interest is vested in another , is a power of the second sort . The legal interest is not divested by the execution of the power , but equity will compel the person seised of ...
Page 3
... dispose of it as the person by whom it was conveyed should direct . The estate was regularly transferred to a friend , upon trusts designated at the time ; or upon such trusts as should be afterwards appointed by the real owner . But ...
... dispose of it as the person by whom it was conveyed should direct . The estate was regularly transferred to a friend , upon trusts designated at the time ; or upon such trusts as should be afterwards appointed by the real owner . But ...
Page 51
... dispose of , or charge the estate in favour of some other person . We have seen , that be- fore the statute of uses , cestui que use might direct his trustees to convey as a stranger should appoint . When the statute came , it of course ...
... dispose of , or charge the estate in favour of some other person . We have seen , that be- fore the statute of uses , cestui que use might direct his trustees to convey as a stranger should appoint . When the statute came , it of course ...
Page 53
... dispose of powers simply collateral , as the donee thereof cannot by any act whatever suspend or extinguish his power ( t ) ( I ) . Thus , it was resolved in Digges's case , that he who hath a power to revoke estates , and has no estate ...
... dispose of powers simply collateral , as the donee thereof cannot by any act whatever suspend or extinguish his power ( t ) ( I ) . Thus , it was resolved in Digges's case , that he who hath a power to revoke estates , and has no estate ...
Page 80
... dispose of the estate with- out the control of her husband , and the power was held to be void . In this case the court of Common Pleas seemed to favour the doctrine since espoused at the Rolls . Le Blanc , Serjeant , defined a power to ...
... dispose of the estate with- out the control of her husband , and the power was held to be void . In this case the court of Common Pleas seemed to favour the doctrine since espoused at the Rolls . Le Blanc , Serjeant , defined a power to ...
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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,