A Practical Treatise on the Law of Trusts and Trustees

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A. Maxwell, 1837 - 789 páginas

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Where the nominal purchaser is a child of the bonâ fide
3
Reposed in some other
15
Averment admitted where there is fraud
19
CHAPTER II
21
Has no discretion
24
347
26
Whether admissible to prove a trust in mortmain
38
CHAPTER V
44
Safest investment where no power in 3 per cent Bank
47
Of resulting trusts
50
Land to be turned into money passes by bequest
56
Burslem 58 69 72 73
58
SECT I
76
Mos
77
Where successive estates limited government securities
86
In what cases a resulting trust arises upon pre
100
OF VESTING THE LEGAL ESTATE IN THE TRUSTEE
102
1 Vern 105
105
CHAPTER IX
110
Verner ex parte
111
Antrim Lord v Duke
112
Statute of 27 Hen 8 c 10
115
Of aiding the defective execution of powers
116
Effect of meritorious consideration
130
tors
131
How far enforced as between parties claiming under
132
In leases for years
142
So if value of the property increase beyond the wants
143
Consequences upon the creation of unlawful trusts
165
Of redress in breaches of trust by trustees of chari
166
When a trust already in existence and annexed to
168
Sydenham 174 176
174
Mayor of Bristol 175
175
General observations upon resulting trusts
177
If purposes of the trust only partially fail the
185
Tenant for life must refund what surplus interest he
192
417
193
Effect of the Statute of Frauds upon trusts by opera
200
Carding
203
Sutton Colefield case 200
207
Brewer
209
Of escheat
211
23
217
Bindon 61 519657
221
ESTATE AND OFFICE OF THE TRUSTEE
225
5
228
Duties after the eldest son has attained twentyone
232
CHAPTER XIII
234
609
236
418
237
CHAPTER XIV
242
To appoint steward to a manor or present to
248
In whose name actions for recovery of the trust estate
256
No conversion directed where stock is devised specifi
257
CHAPTER XV
260
7 note 2
265
The estate will not be greater than is required for
273
Liability of trustee for concealment of breach of trust
279
CHAPTER XI
295
Carpenter 298 324 325
298
Trustees selling out improperly liable to cestui que trust
316
Archer and Collins
317
Townshend 325 326
325
CHAPTER XVII
339
Thackwell and Moggridge 43 573
340
Wade and Beckford
342
In leases for lives or years determinable on lives
348
CHAPTER XVIII
356
Of infants lunatics and femes covert
359
Tattam
362
Earl of Egmont
436
The author of the trust may order an allowance
439
Remedy where the remainders have been destroyed
447
and Mosley 316 326 457
457
CHAPTER XXIII
464
To A and his executors
467
Preston
470
Rule in the simple trust
476
On deficiency of the trust estate the trustee may call
484
Principal sections of last statute commented upon 490495
490
6 note 8
493
CHAPTER XXV
498
Symmons and Mackreth 206 207
502
Hicks
503
Of inquiry of the trustees respecting prior incumbrances
504
Lineal heir apparent not entitled during the lifetime
509
Equitable interest is devisable
510
Canterbury the Archbp
514
Of dower and curtesy
519
Warren and AttorneyGeneral 404
520
Whether judgment after contract for sale is a lien upon
536
Ashburner and Fletcher 177 656
539
Case of trust by way of mortgage
543
Of extents from the Crown
549
Of assets
558
Hales
590
Cestui que trust may compel trustee to the observance
597
Grover
599
Disseisor not bound by notice of a trust
608
Where none of the preceding bars no time an obstacle
629
Tabrum and Taylor 372 458
634
Clause in the Trustee Act relating to Charities
649
CHAPTER XXIX
655
ཁྐྲལྤ
663
Of purchases by the trustees of the trust property
667
Effect of Fines and Recoveries
673
Thornycroft and Davies
677
Jointtenancy may in articles be construed tenancy
678
Words may be supplied in articles
684
Conversion will not be made unnecessarily
690
General rule
692
APPENDIX
697
519
723
May employ agents
724
Bank will not notice the transfer of equitable interests
727
If trust estate cannot be traced the representative
728
90
729
Case of trustees bankruptcy or insolvency
732
Trustee may reimburse himself overpayments
736
Of conditions of sale
737
578 note 1
738
Money bequeathed to be laid out on land results
739
Heirs of the body and issue distinguished
742
The word residue will not pass resulting interest
746
522
749
Ellison
753
May allow maintenance to infant out of the interest
761
Quære if of her mortgage terms
762
As to the proper investment of trust money
763
Such an intention may be collected from the will
764
Cannot apply principal where limitation over
768
Two trustees cannot relinquish in favour of
769
PART III
775
189
776
Of selling in lots
777
Case of infant cestuis que trust
778
No allowance in general for time and trouble
783
THE ESTATE OF THE CESTUI QUE TRUST
784
SECT II
786

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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...

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