A Practical Treatise of Powers |
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Page 4
... express provision was inserted to meet this case Equity , after some time , and by degrees , assumed the jurisdiction which it now exercises , in enforcing the performance of trusts and contracts , so that the person who had conveyed ...
... express provision was inserted to meet this case Equity , after some time , and by degrees , assumed the jurisdiction which it now exercises , in enforcing the performance of trusts and contracts , so that the person who had conveyed ...
Page 15
... express it , the statute meant to remit the common law , and as chattels might at all times pass by will or parol , the use did not alter their nature , and therefore they were not within the scope of the statute . But it would not have ...
... express it , the statute meant to remit the common law , and as chattels might at all times pass by will or parol , the use did not alter their nature , and therefore they were not within the scope of the statute . But it would not have ...
Page 59
... express declaration that the demise or conveyance shall not affect , but , on the con- trary , be subservient to the powers . These precautions apply to powers in gross as well as to powers appendant , as the object is to leave a ...
... express declaration that the demise or conveyance shall not affect , but , on the con- trary , be subservient to the powers . These precautions apply to powers in gross as well as to powers appendant , as the object is to leave a ...
Page 91
... express terms of the deed , take subject to the power of appointment ; and if it is well executed , as in this case it appears to be , the execution of the power defeats the title of the heir . ” From this opinion it may be inferred ...
... express terms of the deed , take subject to the power of appointment ; and if it is well executed , as in this case it appears to be , the execution of the power defeats the title of the heir . ” From this opinion it may be inferred ...
Page 94
... express estate for life given by will , with liberty to give the fee to particular persons , the devisee shall take for life , with a power to appoint the estate to the objects designated ( f ) . But where an estate for life is not ...
... express estate for life given by will , with liberty to give the fee to particular persons , the devisee shall take for life , with a power to appoint the estate to the objects designated ( f ) . But where an estate for life is not ...
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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,