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time regard has been always had to the ancient decisions wherein the principles of equity have had their birth and their early development. Every writer, as well as every student, should always have in his recollection the advice of Sir Edward Coke, “that in reading any of these new reports he neglect not the reading of the old books of years reported in former ages, for assuredly out of the old fields must spring and grow the new corn.”
. Accident and Mistake. 34. Infants, idiots, and lunatics.
Fraud. 35. Discovery; Commissions to exa-
tion; Subrogation; Exoneration;|36. Bills quia timet; Receivers; Writs
Marshalling. of neezeat ; Writs of supplicavit.
c. 10. 60.
. General nature of Trusts; Active
. When Trusts will be executed by
ExPREss TRUSTs; AND HEREIN of volunTARY DISPositions IN TRUST,
63. Trusts created by direct fiduciary |65. Language by which a Trust may
expressions; trusts averrable at
Common Law. 66.
64. Statute of Frauds.
Voluntary dispositions in trust;
Milroy v. Lord; Ex parte Pye.
TRUSTS FOR MARRIED WOMEN.
rally; in Pennsylvania and Con-
What precatory words will create
Such words primâ facie imperative.
Certainty of the object is an ele-
ment for consideration.
Certainty of the Subject.
Powers in Trust; Salusbury v.
Conveyance where trust is not de-
clared or fails.
Where the beneficial interest is not
Exceptions in favor of charities.
Conveyances without considera-
Trustee cannot acquire rights an-
tagonistic to cestui qui trust.
Extent of this rule.
Trustee cannot purchase at his own
Other Constructive Trusts.
Statutory changes. 106.
Creation of trusts for sole and
separate use. 107.
Trustee not necessary.
No particular words necessary. 108.
Power of married women over 109.
separate estate. 110.
Liability of separate estate to her | 111.
engagements; Johnson v. Galla- 112.
Rules in the United States upon
this subject. 114.
Restraints on anticipation.
For whose benefit separate estates 115.
may be created ; Massey v. Pur-
ker ; Tullett v. Armstrong.
Rules in the United States on this
General conclusions ; Lewin's
Pin money trusts.
Wife's Equity to a settlement.
To what property it attaches.
Against whom, and in whose
Gifts from husband to wife; con-
Contracts for separation.
TRUSTS FOR CHARITIES.
Uncertainty in the object a char- 125.
acteristic of a charitable use.
Importance of charitable uses.
Origin of charitable uses; Vidal
v. Girard’s Executors.
Statute of Elizabeth.
Classification of charitable gifts;
Gifts for eleemosynary purposes.
Gifts for educational purposes.
Gifts for religious purposes.
Gifts for public purposes.
Definitions of a charitable use;
Mr. Binney's definition; Jack- 133.
son v. Phillips. 134.
TRUSTEEs ; THEIR Powers AND DUTIES.
Jurisdiction of Courts of Equity 143.
Who may be a trustee ; corpora- 144.
Acceptance of the trust.
General duties of trustees. i 145.
Conversion of Securities; deposits.
Investments by trustees; English 146.
Rules in the United States.
When trustees are chargeable
The law of Mortgages no longer
peculiar to Equity.
Nature of a Mortgage ; origin of
Equity of Redemption.
Nature of the Equity of Redemp-
Nature of Mortgagor's title in
England; in the United States.
Once a mortgage always a mort-
Distinction between mortgages
and conditional sales.