 ... 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...  A Practical Treatise of Powers - Página 311por Edward Burtenshaw Sugden - 1808 - 604 páginasVista completa - Acerca de este libro
 | Roper Stote Donnison Roper - 1829 - 630 páginas
...or by accident, this Court will execute the trust." And again, " If a power, is a power which it is the duty of the party to execute, made his duty by...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,... | |
 | New Jersey. Court of Chancery - 1892 - 734 páginas
...certain extent, discharge the duty in his room and place. * * * If the power is a power, which it is the duty of the party to execute, made his duty by...having a discretion whether he will exercise it or not; and the court adopts the principal as to trust, and will not permit his negligence, accident Pedrick... | |
 | Thomas Lewin - 1837 - 874 páginas
...one 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...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,... | |
 | Francis Vesey, Great Britain. Court of Chancery - 1844 - 498 páginas
...which went to the House of Lords, and all these cases, is, that, if the power is a power, which it is the duty of the party to execute, made his duty by...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,... | |
 | Great Britain. Court of Chancery - 1844 - 732 páginas
...Lords, and all these cases, is that, if the power is a power which it is the duty of (c) 8 Ves. 574. the party to execute, made his duty by the requisition...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,... | |
 | James Hill - 1845 - 704 páginas
...3. afterwards states the principle of the cases to be, " that if the power is a power, which it is the duty of the party to execute, made his duty by...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,... | |
 | George Spence - 1850 - 930 páginas
...v. Chapman (u), and all these cases, said Lord Eldon, is, that if the power is a power which it is the duty of the party to execute, — made his duty...having a discretion whether he will exercise it or not; and the court in such cases adopts the principle as to trusts, and will not permit his negligence,... | |
 | Asa Kinne - 1852 - 736 páginas
...stated the principle of all the cases on this subject to be, that if the power is a power which it is the duty of the party to execute, made his duty by...having a discretion whether he will exercise it or not ; and the court adopts the principle as to the trusts, and will not permit his negligence, accident,... | |
 | Great Britain. Court of Chancery - 1854 - 620 páginas
...which went to the House of Lords, and all these cases, is that, 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, [*648] put upon him, as such, by the testator, who has given him an interest extensive enough to enable... | |
 | 1856 - 782 páginas
...the power is a power which it is the duty of the party to execute, made so by the will, put upon him by the testator, who has given him an interest extensive...it, he is a trustee for the exercise of the power, aud has not discretion whether he will exercise it or not, the court adopts the principle of trusts,... | |
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