A Practical Treatise of Powers |
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Page xxvi
... Tenant 105 Hilton v . Kenworthy 316 Humberston v . Huniberston 444 n . Hinchinbroke ( Lord ) v . Sey- 446 mour 215 , 361 , 377 Humphrey v . Taylour 453 Hinchliffe v . Hinchliffe · 314 Hungerford v . Earle 337 Hinde v . Collins 342 ...
... Tenant 105 Hilton v . Kenworthy 316 Humberston v . Huniberston 444 n . Hinchinbroke ( Lord ) v . Sey- 446 mour 215 , 361 , 377 Humphrey v . Taylour 453 Hinchliffe v . Hinchliffe · 314 Hungerford v . Earle 337 Hinde v . Collins 342 ...
Page 6
... tenant in possession , all his estate , right , title , & c . there need no consideration to be mentioned or proved , it is good without ; otherwise , if by grant , & c . ( a ) Mich . 36 Car . II . B. R. MS . SECTION II OF THE STATUTE ...
... tenant in possession , all his estate , right , title , & c . there need no consideration to be mentioned or proved , it is good without ; otherwise , if by grant , & c . ( a ) Mich . 36 Car . II . B. R. MS . SECTION II OF THE STATUTE ...
Page 15
Edward Burtenshaw Sugden. for if the legal tenant could assign the estate by force of the common law , and the equitable tenant could alsɔ transfer it under the statute of Richard , each might make an assignment to different persons ...
Edward Burtenshaw Sugden. for if the legal tenant could assign the estate by force of the common law , and the equitable tenant could alsɔ transfer it under the statute of Richard , each might make an assignment to different persons ...
Page 26
... tenant for life determines by his death , and when it determines in right by his forfeiture , for in both cases entry is given to him in the next remainder , and then if he cannot take the land when the particular estate determines the ...
... tenant for life determines by his death , and when it determines in right by his forfeiture , for in both cases entry is given to him in the next remainder , and then if he cannot take the land when the particular estate determines the ...
Page 27
... a lease is made for life , the remainder to the heirs of the body of J. S. , if the tenant for life ( s ) Poph . 70 , 1 Rep . 135 a . dies , or commits a forfeiture , and determines his dies , OF SCINTILLA JURIS . 27.
... a lease is made for life , the remainder to the heirs of the body of J. S. , if the tenant for life ( s ) Poph . 70 , 1 Rep . 135 a . dies , or commits a forfeiture , and determines his dies , OF SCINTILLA JURIS . 27.
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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,