 • 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.  A Practical Treatise of Powers - Page 310by Edward Burtenshaw Sugden - 1808 - 604 pagesFull view - About this book
 | John Alexander Clark - Law reports, digests, etc - 1872 - 596 pages
...powers, and powers in the nature of trusts. Powers are never imperative ; they leave the act to be (524) done at the will of the party to whom they are given. Trusts are always imperative, and are obligatory on the conscience of the party interested. But sometimes trusts and powers are blended ; a man may... | |
 | Edmund Henry Turner Snell - Equity - 1872 - 640 pages
...and a trust is marked and between mere obvious, rowers are never imperative, they leave the powers in the act to be done at the will of the party to whom they " atU f™ of are given. Trusts are always imperative, and are obligatory upon the conscience of the... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1873 - 518 pages
...manifest error in treating this duty to convey as a mere power. It is in no sense a power; for powers are never imperative. They leave the act to be done at the will of the party to whem they are given ; but a trust is imperative. This is the language of CJ Wilmot, 2 Sugden on Powers,... | |
 | Edmund Henry Turner Snell, Archibald Brown - Equity - 1878 - 940 pages
...a trust is marked and trusts, aiobvious. Powers are never imperative, they leave the w'hoify unact to be done at the will of the party to whom they «*ecutedare given. Trusts are always imperative, and are obligatory upon the conscience of the party... | |
 | Charles Sweet - Law - 1882 - 946 pages
...are statutory, that is, conferred by statute. §4. Powers must be distinguished from trusts: "powers are never imperative — they leave the act to be...the party to whom they are given. Trusts are always imperative."1 Powers are, however, sometimes divided into (i) mere, bare or naked powers (or powers... | |
 | Jairus Ware Perry - Trusts and trustees - 1882 - 744 pages
...there is a very essential difference between them. Powers are never imperative: they leave the acts to be done at the will of the party to whom they are...are always imperative, and are obligatory upon the conacience of the party intrusted. The court supplies the defective execution of powers, but never... | |
 | John Bouvier - Law - 1882 - 734 pages
...might himself have lawfully performed. 1922. Powers differ from trusts in several particulars. Powers are never imperative ; they leave the act to be done at the will of the party to whom they are given ; truste, on the contrary, are always imperative, and binding upon the conscience of the party entrusted.3... | |
 | John Frederick Haynes, Thomas A. Nelham - Law examinations - 1883 - 474 pages
...mere power and a power coupled with a trust is marked and obvious. " Powers," as CJ "Wilmot observed, "are never imperative," they leave the act to be done at the will of the party to whom they are given. An example will be a general power given to a married woman by her marriage settlement to appoint her... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1883 - 706 pages
...the party entrusted ; while mere powers are never imperative, but leave the acts to be done or not to be done at the will of the party to whom they are given. Perry Trusts, s. 248 et seq. In most of the cases in which this question has been discussed, the words... | |
 | Law reports, digests, etc - 1900 - 1312 pages
...See 2 Sugd. Powers, p. *ir>8. quoting the language of Lord Chief Justice Wilmot, as follows: "Powers are never imperative. They leave the act to be done...they are given. Trusts are always imperative, and obligatory upon the conscience of the party intrusted." And see 1 Perry, Trusts, §§ 248, 252, 511;... | |
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