A Practical Treatise on the Law of Trusts and TrusteesA. Maxwell, 1837 - 789 páginas |
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Página xxiii
... Court over powers The Court will not control mere powers 430 431 , note ( 1 ) ] 434 • 435 • 435 Except there be fraud 435 Or suit has been instituted 436 Nor will control powers imperative where the trustees are willing to exercise it ...
... Court over powers The Court will not control mere powers 430 431 , note ( 1 ) ] 434 • 435 • 435 Except there be fraud 435 Or suit has been instituted 436 Nor will control powers imperative where the trustees are willing to exercise it ...
Página xxix
... Court , on failure of trustee , will execute it Where rule to go by , the Court exercises the discretion for the · trustee [ Construction of bequest to poor relations . 572 • 574 576 578 , note ( 1 ) ] Where no rule , the Court adopts ...
... Court , on failure of trustee , will execute it Where rule to go by , the Court exercises the discretion for the · trustee [ Construction of bequest to poor relations . 572 • 574 576 578 , note ( 1 ) ] Where no rule , the Court adopts ...
Página xxx
... Court will not dismiss trustee from caprice of cestui que trust . · • Mode of application to the Court · . Trustee substituted by the Court has not the special powers of the original trustee Drayson v . Pocock Of references to the ...
... Court will not dismiss trustee from caprice of cestui que trust . · • Mode of application to the Court · . Trustee substituted by the Court has not the special powers of the original trustee Drayson v . Pocock Of references to the ...
Página 13
... Court has considered trusts as between the trustee , cestui que trust , and those claiming under them , as imitating the possession ; but it would be a bold stride , and in my opinion a dangerous conclusion , to say therefore this Court ...
... Court has considered trusts as between the trustee , cestui que trust , and those claiming under them , as imitating the possession ; but it would be a bold stride , and in my opinion a dangerous conclusion , to say therefore this Court ...
Página 20
... court of the Lord Chancellor , but any court invested with an equitable jurisdiction , as opposed to common law courts ( k ) and spiritual courts ( 1 ) , neither of which have any cognisance in matters of trust . common law court could ...
... court of the Lord Chancellor , but any court invested with an equitable jurisdiction , as opposed to common law courts ( k ) and spiritual courts ( 1 ) , neither of which have any cognisance in matters of trust . common law court could ...
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Términos y frases comunes
9 Ves afterwards annuity appointed assets assignment Attorney Attorney-General authority bound Burgess cestui que trust Chancery charity chattels cited clause common law construction conveyance copyholds court of equity covenant creditors debts declared decreed deed devise directed doctrine Duke Earl entitled equitable interest escheat execution executor executory trust express favour feme covert filed a bill freehold Freem fund Grant heir held husband infant intention judgment King lands Leach lease leaseholds legacy legal estate legatee limitation Lord Eldon Lord Hardwicke Lord Northington Lord Thurlow Lordship marriage ment mortgage Muckleston notice opinion parol party payment personal estate possession principle purchaser receipt remainder resulting trust rule Russ seised settled settlement settlor Statute of Frauds Statute of Mortmain tail tenant testator's tion trust estate twenty-one Vern vested void wife words
Pasajes populares
Página 28 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Página 611 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence.
Página 188 - ... and, from and after the expiration or other sooner determination of the said term...
Página 8 - Several years4 after the statute was passed it was held that if land was conveyed to A to the use of B, to the use of C...
Página 233 - Hanson, their executors, administrators, and assigns, upon trust that they, my said trustees and the survivor of them, and the executors and administrators of such survivor...
Página 15 - A use is a trust or confidence reposed in some other, which is not issuing out of the land, but as a thing collateral, annexed in privity to the estate of the land, and to the person touching the land...
Página 572 - 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, put upon him as such by the testator, 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...
Página 610 - It is certainly true that no time bars a direct trust, as between cestui que trust and trustee ; but if it is meant to be asserted that a court of equity allows a man to make out a case of constructive trust at any distance of time after the facts and circumstances happened out of which it arises, I am not aware that there is any ground for a doctrine so fatal to the security of property as that •would be ; so far from it, that not only in circumstances where the length of time would render it...
Página 568 - Act, when any person shall die seised of or entitled to any estate or interest in lands...
Página 482 - Is of full age, and not subject to any legal incapacity ; and who shall be seised at law or in equity of any lands or tenements of copyhold or any other tenure whatever, except freehold...