A Treatise on the Law of Trusts and Trustees, Том 2

Передня обкладинка
Little, Brown, 1882

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CHAPTER XXIII
297
Where courts can carry a charity into effect although no trustees are appointed by the donor 723 Cy près as a rule of construction and where it may ...
298
CHAPTER XXIV
396
CHAPTER XXV
410
CHAPTER XXVI
440
CHAPTER XXVII
470
474 Powers where the trust is before the court
474
Powers in law and in equity
475
General power of trustees 476 a Power to ask direction of court
476
General power of repairing
477
Powers of superintendents of public works Of executors to close up testators establishment Power of executor to appropriate a legacy
478
Power to waive the statute of limitations
481
Power to release or compromise a debt
482
Power as to equity of redemptions
483
General power of leasing
484
485 Power of trustee to reimburse himself
485
Powers of trustees of trading companies
486
Power of insuring
487
Special powers
488
489 490 Division and definition of special powers
489
491 492 Difference between the gift of a power and of an estate
491
493 Where power may be executed by survivors
493
Where by heirs or devisees or assigns
494
Where by assigns and where
495
Where the power is matter of personal confidence
496
Where a power may be executed by last survivor
497
When a power must be executed
498
By what persons powers may be executed
499
500 Whether by administrators with the will annexed
500
By whom to be executed when no person is named
501
By whom where a trustee refuses to accept
502
Whether the power goes with the estate
503
Who can execute where an estate is assigned
504
Powers annexed to an estate survive with the estate
505
Where a power may be contrary to the rule against perpetuities
506
507 Discretionary powers where and where
507
Division of discretionary powers and their execution
508
Power of varying securities
509
510 511 Control of courts over the exercise of discretionary powers SECTION
510
CHAPTER XXIX
522
Powers and duties of trustees in possession of freeholds
526
Must pay rates and taxes and collect rents
527
Trustees power of leasing
528
529 530 Their power where special directions are given as to leasing
529
Trustees of leaseholds
531
532 533 Power and duty to renew leases
532
Who is to bear the expense of renewing leases
534
535 When trustees may not renew leases
535
Liability of trustees for covenants in leases
536
The fine for renewing a lease 520538
537
547 Of property that perishes or is consumed in the use or decreases in value
547
Rights of tenant for life under an absolute direction for conversion
548
Reversionary interests must be sold for benefit of tenant for life
549
Various rules upon the same subject
551
As to repairs by tenant for life
552
As to insurance
553
As to taxes rates and incumbrances
554
Where tenant for life becomes bankrupt
555
As to the apportionment of rent income dividends and annuities 556 a Form of an account upon a default
556
TRUSTS UNDER A WILL FOR THE PAYMENT OF DEBTS FOR THE PAYMENT OF LEGACIES AND FOR RAISING PORTIONS 557583
557
The present law of England
558
The law in the United States as to the payment of a testators debts
559
560 561 The character of trusts under a will for the payment of debts
560
562566 The order in which assets are marshalled for the payment of debts as between heirs legatees and devisees
562
The effect of charging debts upon real estate
567
Legacies generally payable out of personal property
568
The effect of charging legacies upon real estate
569
570 571 When legacies are charged upon real estate
570
When some legacies are charged upon real estate and others are
572
What amounts to the payment of a legacy so as to discharge the testators estate
573
Where legacies bear interest
574
The charge of a legacy upon real estate follows the land
575
Trusts for raising portions
576
577 578 Whether a portion is to be raised during the life of a tenant for life
577
The usual forms of drawing settlements at the present time
579
Powers of trustees to raise portions
580
At what time portions are to be raised
581
Where trustees neglect to raise portions as directed
582
Interest expenses and accumulations
583
Trusts for creditors
585
Whether preferences can be made in such trusts
586
Whether these trusts are void as fraudulent under the bankrupt laws
587
625 626 Rights of married women to property at common law and in equity
625
Right of a married woman to a settlement out of her equitable property
627
When proceedings must be taken to obtain a settlement
628
How the proceedings may be taken
629
A trustee may decline to pay to the husband before a settlement is made
630
In case of the marriage of a ward of court
631
Against whom the equity of a settlement will be enforced
632
633 634 To what property a wifes right to a settlement extends
633
Where a wife is entitled to a second settlement
635
What amount will be settled on a wife
636
Where a husband refuses to make a settlement
637
Distinction between survivorship and the right to a settlement
638
Whether a husband has reduced a wifes choses in action to possession
639
640642 What is and what is not a reduction to possession
640
Effect of a reduction to possession by the husband
643
Husband entitled to joint property
644
816853
684
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Сторінка 272 - A married woman may bargain, sell, assign and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account...
Сторінка 300 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Сторінка 474 - that the reason why money cannot be followed is, because it has no ear-mark:" but this is not true. The true reason is, upon account of the currency of it: it cannot be recovered after it has passed in currency.
Сторінка 299 - Then is this a trust for charity? Do purposes of liberality and benevolence mean the same as objects of charity? That word in its widest sense denotes all the good affections men ought to bear towards each other; in its most restricted and common sense, relief of the poor. In neither of these senses is it employed in this court. Here its signification is derived chiefly from the Statute of Elizabeth.
Сторінка 314 - ... uncertain and indefinite until they are selected or appointed to be the particular beneficiaries of the trust for the time being.
Сторінка 47 - Act, shall be deemed to have been capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger of any preceding estate of freehold, in the same manner, in all respects, as if such determination had not happened.
Сторінка 474 - ... this is not true. The true reason is, upon account of the currency of it : it cannot be recovered after it has passed in currency. So in case of money stolen, the true owner cannot recover it ; after it has been paid away fairly and honestly upon a valuable and bona fide consideration: but before money has passed in currency, an action may be brought for the money itself.
Сторінка 455 - The rules of law are presumed to be known by all men ; and they must govern themselves accordingly. The law holds that the insertion of the word "trustee" after the name of a stockholder does indicate and give notice of a trust. No one is at liberty to disregard such notice and to abstain from inquiry for the reason that a trust is frequently simulated or pretended when it really does not exist. The whole force of this offer of evidence is addressed to the question whether the word " trustee" alone...
Сторінка 313 - Courts look with favor upon all attempted charitable donations, and will endeavor to carry them into effect if it can be done consistently with the rules of law. A bequest intended as a charity is not void, and there is no authority to construe it to be legally void, if it can possibly be made good.
Сторінка 318 - There is no case in which private charity has been made the subject of disposal in the Crown, or been acted upon by .this Court. The charities recognized by this Court are public in their nature, they are such as the Court can see to the execution of.

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