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Books Books 1 - 10 of 32 on ... who has given him an interest extensive enough to enable him to discharge it,....
" ... 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 - Page 315
by Edward Burtenshaw Sugden - 1808 - 604 pages
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A Treatise on the Law of Legacies, Volume 2

Roper Stote Donnison Roper - Legacies - 1829
...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,...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 48

New Jersey. Court of Chancery - Law reports, digests, etc - 1892
...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...
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A Practical Treatise on the Law of Trusts and Trustees

Thomas Lewin - Trusts and trustees - 1837 - 789 pages
...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,...
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Reports of Cases Argued and Determined in the High Court of Chancery, from ...

Francis Vesey - Equity - 1844
...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,...
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Reports of Cases Decided in the High Court of Chancery: By the ..., Volume 12

Nicholas Simons - Equity - 1844
...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,...
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A Practical Treatise on the Law Relating to Trustees: Their Powers, Duties ...

James Hill - Trusts and trustees - 1845 - 654 pages
...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,...
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The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise ...

George Spence - Equity - 1850
...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,...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volume 2

Asa Kinne - Law - 1852
...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,...
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Reports of Cases Decided in the High Court of Chancery: With ..., Volume 33

John A. Dunlap, E. Fitch Smith, John Lawyer Hanes, Nathan Howard, Charles Francis Stone - Law reports, digests, etc - 1854
...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...
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The Irish Jurist, Volume 1; Volume 8

Law - 1856
...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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