A Practical Treatise on the Law Relating to Trustees: Their Powers, Duties, Privileges, and Liabilities, Volume 646 |
Other editions - View all
Common terms and phrases
9 Ves Ambl apply appointment assignment Att.-Gen Beav beneficial interest benefit breach of trust cestui que trust CHAPTER charge charity circumstances convey conveyance copyholds court Court of Chancery court of equity created creditors death decision declaration decree deed devise direction disclaimer disposition Earl effect entitled equity escheat executed executors exercise express expressly favour feme coverte fraud fund gift heir at law held husband infant instrument intention Jarm Jones Law Journ lease legacies legal estate Lord Chancellor Lord Cottenham Lord Eldon Lord Hardwicke Lord Langdale ment party personal estate petition possession presumption purchaser purpose refused remainder rents residuary resulting trust rule Russ SECT settlement statute sufficient Sugd tenant term testator's tion trus trust estate trust instrument trust property trustees Vern vested vide wife
Popular passages
Page 15 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 206 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 55 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law...
Page 539 - In all cases in which the plaintiff has a joint and several demand against several persons, either as principals or sureties, it shall not be necessary to bring before the Court, as parties to a suit concerning such demand, all the persons liable thereto ; but the plaintiff may proceed against one or more of the persons severally liable.
Page 131 - ... that the cestui que trust intended the trustee should buy, and there is no fraud, no concealment, no advantage taken by the trustee of information acquired by him in the character of trustee.
Page 115 - Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable and unconscientious bargains, and of such even the Common Law has taken notice.
Page 177 - And be it further enacted, that where any person seised of any land upon any trust shall be out of the jurisdiction of or not amenable to the process of the Court of Chancery...
Page 45 - ... if more than one, share and share alike, and if but one, the whole to such one ; or to such other uses as my said daughter shall think proper, to the intent that the said estate, in the event of her marriage, may be effectually protected and secured.
Page 461 - ... and highways, some for education and preferment of orphans, some for or towards relief, stock or maintenance for houses of correction, some for marriages of poor maids, some for supportation, aid and help of young tradesmen, handicraftsmen and persons decayed, and others for relief or redemption of prisoners or captives, and for aid or ease of any poor inhabitants concerning payments of fifteens, setting out of soldiers and other taxes...
Page 301 - ... been intrusted. Necessity, which includes the regular course of business in administering the property, will in equity exonerate the personal representative. But if, without such necessity, he be instrumental in giving to the person failing possession of any part of the property, he will be liable...