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appears authority bargain and sale cestui Chudleigh's cited common law consideration considered convey the estate conveyance court court of equity covenant to stand creating the power decided decision declared default of appointment defeated demised determined devise doctrine donee Earl equity estates limited executing the power executors exercise expressly extinguished favour fee simple feme covert feoffees feoffment frauds grant heirs held husband instrument intention interest jointure Judges land leasehold estates legal estate lessee Lord Alvanley Lord Chief Justice Lord Eldon Lord Hardwicke marriage ment objects observed operate opinion party person pointment possession power in gross power is given power of appointment power of revocation proviso purchaser question release remainder-man rent revoke scintilla juris seisin sell settled settlement simply collateral stand seised statute statute of frauds tail take effect tenant tion trustees vested void wife words
Page 540 - 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...
Page 540 - 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...
Page 315 - ... 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.
Page 8 - ... 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.
Page 314 - • 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.
Page 199 - ... 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.
Page 401 - 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...
Page 540 - ... to the uses upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations...