 ... 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...  A Practical Treatise of Powers - Page 311by Edward Burtenshaw Sugden - 1808 - 604 pagesFull view - About this book
 | Roper Stote Donnison Roper - Inheritance and succession - 1829 - 630 pages
...or by accident, this Court will execute the trust." And again, " If a power, is a power which it is the duty of the party to execute, made his duty by...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,... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1892 - 734 pages
...certain extent, discharge the duty in his room and place. * * * If the power is a power, which it is the duty of the party to execute, made his duty by...having a discretion whether he will exercise it or not; and the court adopts the principal as to trust, and will not permit his negligence, accident Pedrick... | |
 | Thomas Lewin - Trusts and trustees - 1837 - 874 pages
...one which it is the duty of the party to execute—made his duty by the requisition of the will—put upon him as such by the testator, who has given him...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,... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1844 - 498 pages
...which went to the House of Lords, and all these cases, is, that, if the power is a power, which it is the duty of the party to execute, made his duty by...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,... | |
 | Great Britain. Court of Chancery - Equity - 1844 - 732 pages
...Lords, and all these cases, is that, if the power is a power which it is the duty of (c) 8 Ves. 574. the party to execute, made his duty by the requisition...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,... | |
 | James Hill - Trusts and trustees - 1845 - 704 pages
...3. afterwards states the principle of the cases to be, " that if the power is a power, which it is the duty of the party to execute, made his duty by...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,... | |
 | George Spence - Equity - 1850 - 930 pages
...v. Chapman (u), and all these cases, said Lord Eldon, is, that if the power is a power which it is the duty of the party to execute, — made his duty...having a discretion whether he will exercise it or not; and the court in such cases adopts the principle as to trusts, and will not permit his negligence,... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...stated the principle of all the cases on this subject to be, that if the power is a power which it is the duty of the party to execute, made his duty by...having a discretion whether he will exercise it or not ; and the court adopts the principle as to the trusts, and will not permit his negligence, accident,... | |
 | Great Britain. Court of Chancery - Equity - 1854 - 620 pages
...which went to the House of Lords, and all these cases, is that, if the power is a power which it is the duty of the party to *execute, made his duty by the requisition of the will, [*648] put upon him, as such, by the testator, who has given him an interest extensive enough to enable... | |
 | Law - 1856 - 782 pages
...the power is a power which it is the duty of the party to execute, made so by the will, put upon him by the testator, who has given him an interest extensive...it, he is a trustee for the exercise of the power, aud has not discretion whether he will exercise it or not, the court adopts the principle of trusts,... | |
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