Commentaries on the Law of Trusts and Trustees: As Administered in England and in the United States of America, Том 1

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Central law journal Company, 1897
 

Зміст

The legal title continued 913
6
THE CONSTITUTION OF TRUSTS
9
CHAPTER III
16
The subject continued
20
Unincorporated associations
21
Civil officers in their official capacity
22
Married women
23
The subject continued
24
Infants as trustees
26
Aliens and nonresidents
28
Rights of lunatics
29
In general
30
Rules of court in appointing
31
CHAPTER IV
33
Choses in actions etc
34
Lands under a foreign jurisdiction
35
The subject continued
36
Property not the subject of a trust
38
CHAPTER V
40
Rights of corporations
41
The same subject 918
41
Rights of aliens
42
An insane person as cestui que trust
43
In general
44
CHAPTER VI
45
The subject continued
46
Formalities required
48
The subject continued
51
Declaration of trust
54
The subject continued
56
The same subject
58
9
59
Insufficient declaration
61
The same subject
63
Declaration of trust by answer in chancery
66
Imperfect gift not a trust
67
Imperfect gift continued
68
Trusts in writing not changed by parol
70
Trusts of personal property
72
The subject continued
74
53 Trusts in bank deposits
76
Bank deposits continued
80
Page
82
Certainty as to beneficiary
83
Concerning the purchase of trust property from benefi
84
Sufficient designation
85
Notice to parties
87
CHAPTER VII
89
Executory trusts distinguished from executed trusts
93
Executory trusts in marriage contracts
97
The subject continued
100
The same subject
103
Executory trusts in wills
105
Trusts in wills continued
108
Trusts in marriage articles and wills distinguished
111
The subject continued
113
Precatory trusts
116
Precatory trusts continued
119
The subject continued
123
The same subject
127
The same
131
Beneficial interest of bankrupt trustee 975
132
483
133
Necessity of probate of wills
138
The subject continued
141
The same subject
143
A devise not converted into a trust by parol
144
Settlement on wife and children
145
The subject continued
148
Voluntary trustwhen executed
151
1102
152
Voluntary agreementwhen enforced
154
An equitable interest transferable
155
Power of revocation
157
The subject continued
161
Presumption of advancement
162
Powers in trust
165
Powers in trust continued
167
Modern legislation
168
IMPLIED TRUSTS
171
CONCERNING THE POWERS OF TRUSTEES Page
175
89
179
Notice of equitable title
202
The same subject
208
From joint tenancy
215
From relation of guardian
221
CHAPTER IX
236
Distinguished from a charge
247
From failure of express trust
249
From trusts for persons not in esse
251
From indefiniteness of declared trust
252
From an illegal trust
254
The subject continued
256
From lapse of trust
258
In favor of donee
260
From trust for sale of realty
261
From voluntary conveyance
262
The subject continued
264
The same subject
266
Proof by parol
269
The subject continued
270
From misunderstanding
271
The subject continued
273
The same subject
276
From conveyance to a wife or child
278
From the relation between the parties
281
The subject continued
285
The same subject
288
From undue influence in general
290
The subject continued
293
The same subject
294
Resulting trusts from gifts by will
295
From equitable conversion of property
298
The subject continued
300
The same subject
303
CHAPTER X
305
For partial interest
312
The subject continued
316
From tenancy in common
318
The subject continued
322
From partnership purchase
323
From purchase by trustee
325
The subject continued
327
Resulting trust from purchase by an agent
330
From title in the name of wife or child
334
The subject continued
337
The subject continued
372
CHAPTER XI
375
How a trustee may be released
383
903
390
Rule not applicable to dry trustee
394
From illegal acts of directors of corporation
405
192 From the relation of agent to his principal
412
From relation of attorney and client
418
From fiduciary relations in general
426
Discretionary powers continuedclass second
432
The subject continued
434
Power on refusal of trustee
438
Conditions of notice
441
Powers of feme covert or infant as trustees
444
Power of sale by implication
450
The power to arbitrate
456
Power to convey for public uses
462
1067
469
CHAPTER XII
471
The subject continued
541
From conveyance of property on the point of marriage
547
1243
549
515
552
From immoral or illegal contracts
553
Introductory
554
Equity relieves only where equity is practiced
560
Introductory
564
CHAPTER XIII
566
The subject continued
573
Spendthrift trust for insolvent
574
Waiver of vendors lien
579
Lien from executory contracts
582
Trust from vendees lien
584
Application and extent of the doctrine
586
The right to employ collectors
588
The principle involved
589
The mode of raising money
591
The subject continued
592
Trust from creditors lien
593
From voluntary conveyance by trustee
594
From trust in absence of trustee
595
From dissolution of corporation
596
Trusts from partnership debts
598
Trust from deposit of title deeds
600
Trustee from wrongful possession
603
Creditor as trustee for surety
604
Equitable lien from repairs and improvements
605
Statutory lien from repairs and improvements
608
CHAPTER XIV
610
A power in trust arising from an invalid express trust
614
Partnership assignment
617
From failure of donee to execute the power
619
From defective execution of power
622
From death of donee
623
The subject continued
624
Payment of charges by tenant for life
625
The parties in interest
626
The subject continued
628
The same subject
630
The validity of powers of sale
631
The word relations construed
632
The subject continued
634
The same subject
636
The term representatives construed
637
The revocation or suspension of the power
638
Delegation of powers
639
Rule of distribution prescribed by donor
640
Whether distribution shall be per stirpes or per capita
642
CHAPTER XV
644
517
645
Separate estate of wife in equity
647
Limitations of wifes equitable estate
650
Statutory regulations
652
The subject continued
653
Transmutation of separate estate property
656
The wifes statutory separate estate
658
Restraint on alienation
661
The subject continued
664
Restraint upon anticipation
666
Form of words required
668
Doctrine of restraint continued
670
Devolution of wifes separate estate at her death
672
The married womans equity to a settlement
674
The amount of wifes settlement
677
Page
678
Property subject to wifes settlement
679
How the equity to a settlement may be lost
680
The mode of the settlement
682
Rights of children under the married womans settlement
683
Order of court for maintenance
684
The husband as trustee for the wife
685
The husband as agent for the wife
687
Liability for contracts and for debts
689
The subject continued
693
Limitations on her liability
696
The doctrine as modified in this country
698
700 Priority of beneficiaries claim in case of insolvency
700
The subject continued
701
Application of the American doctrine
702
The right to follow the trust fund
707
Gifts from husband
711
Right to mortgage the trust estate
713
The rights of the wife in her savings
714
Rights of wife in her pin money
716
Voluntary separation of husband and wife
718
The consideration required
721
The subject continued
723
Illegal executory agreements
724
Termination of contract
725
CHAPTER XVI
727
Trusts for religious purposes
730
Trusts for purposes of education
733
Trusts for purposes of general benevolence
734
Trusts for the benefit of the public
736
Origin of charitable trusts
738
Jurisdiction of equity
741
General powers 988
742
The doctrine in the United States
745
749 Introductory
749
The subject continued
751
Characteristics of the trust for charitable purposes
753
The subject continued
756
The cy pres doctrine
759
The subject continued
762
By the act of the trustee
763
The same subject
764
The same
766
The disposition of charitable corporations
769
The subject continued
771
Power of the court to change a charitable scheme
772
The cy pres doctrine in America
775
Cy pres under the royal prerogative
777
The legislature as parens patriæ
778
Corporations as trustees for charitable gifts
781
Gifts to charitable corporations
782
The subject continued
785
Charitable gifts to nonexisting corporations
786
Abuse of charitable trusts
787
Breach of ecclesiastical trust
788
The subject continued
791
The same subject
794
The same
796
The English doctrine
800
The marshalling of testators assets
802
Gifts in contravention of law or of public policy
804
The subject continued
808
Charitable trusts to be administered in a foreign country
810
Barred by statute of mortmain
812
Objects not subject to change
815
Personal distinguished from official trust
818
Perpetuities and accumulations
819
The subject continued
821
The statute of limitations
822
CHAPTER XVII
825
Introductory
826
Equitable conversion of infants estate
827
The maintenance of infants
830
The subject continued
832
Where maintenance will not be directed
837
Order for maintenance without suit
841
Order in restraint of removal
842
Order for maintenance of infants beyond the jurisdiction
844
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Сторінка 41 - June 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.
Сторінка 605 - To receive the rents and profits of lands, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules prescribed iu the first Article of this Title: 4.
Сторінка 465 - Where" the party intentionally, or by design, misrepresents a material fact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him ; in every such case there is a positive fraud, in the truest sense of the terms ; there is an evil act, with an evil intent; dolum malum, ad circumveniendum.
Сторінка 472 - Thurlow said, that to set aside a conveyance, there must be an inequality, so strong, gross and manifest, that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it.
Сторінка 487 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Сторінка 682 - Every contract entered into by a married woman with respect to and to bind her separate property shall bind not only the separate property which she is possessed of or entitled to at the date of the contract, but also all separate property which she may thereafter acquire.
Сторінка 103 - If therefore, there be an absolute power of disposition given by the will to the first taker, as if an estate be devised to A. in fee, and if he dies possessed of the property without lawful issue, the remainder over, or remainder over the property which he, dying without heirs, should leave, or without selling or devising the same...
Сторінка 364 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Сторінка 547 - The law goes further than merely to annul contracts, where the obvious and avowed purpose is to do, or cause the doing, of unlawful acts ; it avoids contracts and promises made with a view to place one under wrong influences— those which offer him a temptation to do that which may injuriously affect the rights and interests of third persons.
Сторінка 289 - The second is, that if a party writes or prepares a will under "which he takes a benefit that is a circumstance which ought "generally to excite the suspicion of the Court...

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