 | Charles Fearne - Executory interests - 1795 - 576 pages
...a fufficient declaration of the teftator's intention, that the court fhould model the linjitations; but where the trufts and limitations were exprefsly declared, the court had no authority to make them different from what they would be at law. It is obvious that the Lord Keeper, in this cafe,... | |
 | William Hayes - Remainders (Estates) - 1824 - 436 pages
...the limitation : but where the trusts and limitations are already expressly declared, the Court has no authority to interfere, and make them different from what they would be at law." lie, therefore, decreed the trustees to take conveyances of the estates to be purchased " to the uses... | |
 | Great Britain. Court of Chancery, Robert Henley Eden Baron Henley - Equity - 1827 - 594 pages
...the limitations. But where the trusts and limitations are already expressly declared, the court has no authority to interfere, and make them different from what they would be at law. It must therefore be referred to the Master to take usual accounts; and that the clear residue of the... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1868 - 624 pages
...the limitations ; but where the trusts and limitations are already expressly declared, the court has no authority to interfere, and make them different from what they would be at law." In the case before us, the limitations of the trust have been denned by the settler himself; the whole... | |
 | Thomas Lewin - Trusts and trustees - 1837 - 874 pages
...the limitations. But where the trusts and limitations are already expressly declared, the Court has no authority to interfere, and make them different from what they would be at law (u)." And Lord Eldon observed, "Where there is an executory trust, that is, where the testator has... | |
 | George Spence - Equity - 1850 - 930 pages
...description; as did Lord (') 2 PW 478. Northington, 1 Eden, 366. only upon the trusts declared, the court has no authority to interfere, and make them different from what they would be at law" (a). Where there is a direction in a will that a conveyance shall be made, and the estates to be given... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1863 - 652 pages
...the limitations ; but where the trusts and limitations are already expressly declared, the court has no authority to interfere, and make them different from what they would be at law." See Neves v. Scott, 9 How. 211. In Adams' Equity, p. 40, " an executed trust " is property characterized... | |
 | New Jersey. Court of Chancery - Equity - 1868 - 630 pages
...the limitations; but where the trusts and limitations are already expressly declared, the court has no authority to interfere, and make them different from what they would be at law." In the case before us, the limitations of the trust have been defined by the settler himself; the whole... | |
 | William Fischer Agnew - Trusts and trustees - 1882 - 632 pages
...the limitation. But where the trusts and limitations are already expressly declared, the Court has no authority to interfere and make them different from what they would be at law." And in Jervolxe v. The Duke of Northuni- Th"1>^ke' berland,1 Lord Eldon said : " Where there is an... | |
 | Thomas Lewin - Trusts and trustees - 1888 - 870 pages
...limitations ; but where the trasts and limitations are * already ex- [*112] pressly declared, the Court has no authority to interfere, and make them different from what they would be at law " (a). And Lord Eldon observed, " Where there is an executory trust, that is, where the testator has... | |
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Court is necessary to complete a limitation, in that case, the limitation in the will not being complete, that is sufficient evidence of the testator's intention that the Court should model the limitations. But where the trusts and limitations are already... 
