A Practical Treatise of Powers |
From inside the book
Results 1-5 of 64
Page 1
... sell an estate , ( I ) and a power given by an act of parlia- ment to sell estates ; as in the instance of the land - tax redemption acts , are both common law authorities . The estate passes by force of the will , or act of parliament ...
... sell an estate , ( I ) and a power given by an act of parlia- ment to sell estates ; as in the instance of the land - tax redemption acts , are both common law authorities . The estate passes by force of the will , or act of parliament ...
Page 5
... sell his estate to B , although in process of time it became a mode of settlement , and equity did not enquire into the amount of the consideration ; the second was also a mere contract or agreement , by a husband , parent , or kinsman ...
... sell his estate to B , although in process of time it became a mode of settlement , and equity did not enquire into the amount of the consideration ; the second was also a mere contract or agreement , by a husband , parent , or kinsman ...
Page 9
... sell his estate to B was sufficient , without words of inheritance , to pass the equitable fee to the vendee , but the Legislature , by an act passed immediately after the statute of uses ( c ) , required that to transfer the legal ...
... sell his estate to B was sufficient , without words of inheritance , to pass the equitable fee to the vendee , but the Legislature , by an act passed immediately after the statute of uses ( c ) , required that to transfer the legal ...
Page 10
... sell an estate to another in fee , which contract is properly in- rolled , or , as we now term it , should convey his estate by bargain and sale inrolled , equity instantly fastens on the conscience of the vendor , and holds him to be a ...
... sell an estate to another in fee , which contract is properly in- rolled , or , as we now term it , should convey his estate by bargain and sale inrolled , equity instantly fastens on the conscience of the vendor , and holds him to be a ...
Page 17
... sell or exchange , to jointure , to charge with portions for younger children , or to revoke the settlement itself , soon became usual . In the reign of Elizabeth , however , it was insisted , that a man having once limited the fee ...
... sell or exchange , to jointure , to charge with portions for younger children , or to revoke the settlement itself , soon became usual . In the reign of Elizabeth , however , it was insisted , that a man having once limited the fee ...
Contents
132 | |
140 | |
148 | |
154 | |
173 | |
200 | |
215 | |
225 | |
234 | |
243 | |
255 | |
271 | |
272 | |
280 | |
287 | |
320 | |
436 | |
443 | |
472 | |
490 | |
509 | |
511 | |
516 | |
527 | |
535 | |
543 | |
550 | |
557 | |
563 | |
575 | |
580 | |
Other editions - View all
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,