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according actually appears appointment authority charge Chief Justice child cited clear clearly common condition consideration considered construction contingent convey conveyance court covenant created death decided decision deed defective determined devise direct dispose distinction doctrine donee doubt effect equity executed executors exercise express expressly favour feoffees feoffment fraud fund give given grant ground hand heirs held husband intention interest issue jointure Judges land lease limited lives Lord manner marriage ment merely nature necessary never objects observed operate opinion particular party person possession power of appointment power of revocation presence principle purchaser question raised reason referred release remainder rent revoke rule seal sect seems seised sell settled settlement simple statute tail taken tenant term thought tion trustees usual vested Vide void wife witnesses writing
Página 534 - Ash, by any deed or deeds, writing or writings, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of, and to be attested by, two or more credible witnesses...
Página 534 - CD (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said AB in consideration of five shillings in and by an indenture bearing date the day next before the day of the date of...
Página 309 - ... 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, for whose benefit he is called upon to execute it.
Página 6 - ... be from henceforth clearly deemed and adjudged to be in him or them that have or hereafter shall have such use confidence or trust, after such quality manner form and condition as they had before in or to the use confidence or trust that was in them.
Página 308 - • are never imperative: they leave the act to be done at the will of the party to whom they are given. Trusts are always imperative, and are obligatory upon the conscience of the party intrusted.
Página 195 - ... and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Página 395 - What is an illusory share, and what is a substantial share ? Is it to be judged of upon a mere statement of the sum given, without reference to the amount of the fortune, which is the subject of the power ? If so, what is the sum that must be given to exclude the interference of the Court ? What is the limit of amount at which it ceases to be illusory and begins to be substantial ? If it is to be considered with reference to the amount of the fortune, what is the proportion, either of the whole or...
Página 534 - ... to the uses upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations...