A Practical Treatise of Powers |
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Page iv
... writer deprecates too severe an examina- tion of his work from the preceding observations . It is more easy to criticise the works of others , than to write a better on the same subject . His pretensions to notice are , that it has been ...
... writer deprecates too severe an examina- tion of his work from the preceding observations . It is more easy to criticise the works of others , than to write a better on the same subject . His pretensions to notice are , that it has been ...
Page v
Edward Burtenshaw Sugden. print . The writer has also attempted to treat of this abstruse and intricate learning in a familiar and practical way , to avoid burdensome state- ments of cases , and to introduce the points decided with as ...
Edward Burtenshaw Sugden. print . The writer has also attempted to treat of this abstruse and intricate learning in a familiar and practical way , to avoid burdensome state- ments of cases , and to introduce the points decided with as ...
Page 45
... writer goes over the old ground as to the statute requiring a person to whose use another is seised . He adverts to Mr. Fearne's sentiments on this point ; and says , that the doctrine which Mr. Fearne opposed was firmly established by ...
... writer goes over the old ground as to the statute requiring a person to whose use another is seised . He adverts to Mr. Fearne's sentiments on this point ; and says , that the doctrine which Mr. Fearne opposed was firmly established by ...
Page 47
... writer alluded to also relies on Pollexfen's remark , that it was not settled till Archer's case , that the destruction of the particular estate be- fore the remainder came in esse was also a destruction of that . This remark has ...
... writer alluded to also relies on Pollexfen's remark , that it was not settled till Archer's case , that the destruction of the particular estate be- fore the remainder came in esse was also a destruction of that . This remark has ...
Page 82
... writing , & c . should appoint , and in default of appointment to her own right heirs . So in Tickner v . Tickner ( g ) , where Henry and Ro- bert Tickner were seised of an estate in gavelkind as heirs of their father . Robert made his ...
... writing , & c . should appoint , and in default of appointment to her own right heirs . So in Tickner v . Tickner ( g ) , where Henry and Ro- bert Tickner were seised of an estate in gavelkind as heirs of their father . Robert made his ...
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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,