OPERATION OF LAW-(continued). from conversion of the trust property by the trustee, 201. money may be followed, 202. so bills and notes, 203. trusts arising upon renewals of leases by trustees, 203. whether trust arises upon trustee's purchase of the reversion, 204. how trusts by operation of law affected by the Statute of Frauds, 218. trust arising from purchase with another's money may be proved by not so purchase by a person as agent, 222. what parol evidence sufficient, 222. case of nominal purchaser denying the trust, 222. of leaving papers at his death disclosing the nature of the purchase, 223. of mere parol evidence after his death, 223. trust money may be followed into land by parol, 224. "ORDERING AND DIRECTING" raises a trust, 77. ORPHANAGE SHARE, money to be laid out on land in favour of a child need not be brought OVER-PAYMENTS, by a trustee, may be deducted from subsequent payments, 319. PARISHIONERS, trust of advowson for, will be enforced, 143. election of clerk primâ facie in the trustees, if no expression of where parishioners and inhabitants elect, in what mode the election whether women, children, and servants are entitled to vote, 145. unless constant usage be otherwise, 146. by paying must be meant liable to pay, 146, voter must have been actually rated, unless there be mistake or fraud, in what mode votes will be taken, 146. ballot not admissible, 146. PARISHIONERS-(continued). election must be either by poll or shew of hands, 147. ballot may in special cases be valid, on ground of contract, 147. not admitted to substantiate a declaration of trust by the King, 25. may rebut a trust which results by presumption of law, 175. parol evidence must be clear, but may be circumstantial, 222. whether admissible after his death, 223. may prove investment of trust on land, 224. parol sufficient to express election, 685. PARTNER IN BUSINESS, renewing a lease, is trustee for the partnership, 203. "PAY THE RENTS," trust to, not within the Statute of Uses, 103. "PAY UNTO, OR PERMIT AND SUFFER TO RECEIVE," "PERMIT AND SUFFER A. TO RECEIVE," within the Statute of Uses, 103. PERPETUITY, cannot be attained through the medium of a trust, 138. PERSONAL ESTATE, gift of, will not pass money arising from sale of lands, 193. unless the proceeds be directed to be taken as personal estate, 193. PERSONAL SECURITY, assets must not be left outstanding upon, 298. trust money may not be lent upon (see INVESTMENT), 305. PETITION OF RIGHT open to the subject where the King is trustee, 85. PLEA to suits on ground of length of time, 617, 621. POLICY OF INSURANCE, if suffered to drop through laches of the trustee, the trust estate must be compensated, 324. POOR OF A PARISH, limitation to, void at law, 143. POOR OF A PARISH-(continued). trust for, good, 143. who will take under such a trust, 143. POOR, OR NECESSITOUS RELATIONS, power of distribution amongst, how to be construed, 577. gift to, how to be construed, 578, note (1). PORTIONS, time of raising, by trustees, 368. power to charge, not to be introduced into settlement, where " usual POSSESSIO FRATRIS, of a trust, 514, 558. POSSESSION, transmutation of, whether necessary to the creation of a trust, 110. in what cases cestui que trust entitled to possession, 476. his right recognised in equity only, 481. POVERTY, does not prevent a statutory bar from running in equity, 615. POWERS, I. What may be introduced in execution of executory trusts, 73. special power will not pass from old trustee to trustee appointed by power of appointment of new trustees will not be given by the Court usual power of appointment of new trustees (see CESTUI QUE exercise of discretionary power by a stranger, void, 262. power given to trustees not transferred with conveyance of the II. GENERAL POWERS INCIDENT ΤΟ THE OFFICE OF TRUSTEE, 412. trustee may do without suit what is compellable by suit, 413. may allow interest of legacy for maintenance of infant, 414. where legacy small, may allow maintenance out of principal, 414. POWERS-(continued). may sink part of capital for advancement of infant, 415. where no limitation over, 416. unless limitation be by way of survivorship to the children them- trustees cannot act in pais where suit has been instituted, 417. not without reasonable ground, 418. may reimburse themselves money spent for their own protection, 418. may grant leases, 419. III. DIFFERENT KINDS OF SPECIAL POWERS, 420. legal and equitable powers distinguished, 420. what equitable powers to be deemed appendant, and what simply col- mere powers, and powers coupled with a trust, distinguished, 422. IV. CONSTRUCTION OF POWERS, 423. power to " A. & B., and their heirs,” 423. to trustee and "his executors," 425. 99.66 to executors, sons in law," trustees," 425. to trustees and the "survivor of them," 426. where real and personal estate vested originally in same persons, the powers cease if the real and personal estate become disunited, V. EFFECT OF DISCLAIMER UPON POWERS, 427. power survives to the trustees willing to act, 428. no distinction between disclaimer and release with intention of dis- power not destroyed by transfer of the estate, 429. VII. EFFECT OF SURVIVORSHIP AMONG THE TRUSTEES, 430. legal power does not survive without express words, 430. equitable power does, semble, 430–433. qu. if equitable power survive unless imperative, 434. unless there be fraud, 435. or the power be mischievously or ruinously exercised, 435. POWERS (continued). if suit be pending, trustee is disabled from exercising a power, ex- where power is imperative, trustee, if willing, may exercise it, 436. Court interferes where imputation of fraud, 437. if trustee refuse to exercise a power, the Court cannot compel the IX. POWERS BEFORE THE STATUTE OF USES, 431, note (1). over a use, good, ib. the execution of the power over the use passed the legal estate, until power executed, feoffees to uses were trustees for the heir, ib. person in whose favour the power was to be exercised, could have if proceeds of sale under the power were to go in pios usus, as no X. POWER OF APPOINTMENT OF NEW TRUSTEES. how usually framed, 465. new trustee not perfectly appointed until transfer of the estate, 465. construction of the power, 468. two trustees cannot relinquish in favour of one, 471. qu. if one can substitute more, 471. one trustee cannot relinquish to the other, 471. power vested in large body of trustees, how construed, 471. power cannot be made a medium of fraud, 472. XI. VICARIOUS EXECUTION BY THE COURT OF POWERS IMPERATIVE, 574. Court will execute power, if trustee either die in testator's lifetime, or where author of the trust has given any rule for the execution of the where no rule, equality is equity, 579, 580. bequests in form of gift, and bequests in form of power, distinguished, discretion of selecting objects out of a class, in what cases a trust, DDD |