A Practical Treatise of Powers |
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Page 3
... observed , in Chudleigh's case , that he who hath an use , hath not jus neque in re neque ad rem , but only a confidence and trust , for which he had no remedy by the common law and Serjeant Fro- wick , afterwards Chief Justice of the ...
... observed , in Chudleigh's case , that he who hath an use , hath not jus neque in re neque ad rem , but only a confidence and trust , for which he had no remedy by the common law and Serjeant Fro- wick , afterwards Chief Justice of the ...
Page 5
... observe , that a consideration was only required where the inheritance remained in the contracting party . Now a covenant to stand seised , or a bargain and sale . did not transfer the possession to the covenantce or bargainee it was a ...
... observe , that a consideration was only required where the inheritance remained in the contracting party . Now a covenant to stand seised , or a bargain and sale . did not transfer the possession to the covenantce or bargainee it was a ...
Page 10
... observed by high authority , that there is no magic in words . When therefore the act said that , where one person was seised to the use of another , the legal estate should be transferred to the cestui que use , it meant that the ...
... observed by high authority , that there is no magic in words . When therefore the act said that , where one person was seised to the use of another , the legal estate should be transferred to the cestui que use , it meant that the ...
Page 12
... observe , that it has been justly thought of real importance to show that the statute of Richard the Third , which is referred to in a preceding page , extends to seisins in fee only , lest it should be thought that the assignment of ...
... observe , that it has been justly thought of real importance to show that the statute of Richard the Third , which is referred to in a preceding page , extends to seisins in fee only , lest it should be thought that the assignment of ...
Page 16
... observed , that , as at this period , a perma- nent interest can be gained in a leasehold estate , not subject to be defeated at the will of the freeholder , a modern act , similar to the statute of uses , would certainly receive a ...
... observed , that , as at this period , a perma- nent interest can be gained in a leasehold estate , not subject to be defeated at the will of the freeholder , a modern act , similar to the statute of uses , would certainly receive a ...
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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,