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" 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, put upon him as such by the testator, who has given him an interest extensive enough to enable him... "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Сторінка 320
автори: New Jersey. Court of Chancery - 1892
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Reports of Cases Decided in the High Court of Chancery: By the Right ..., Том 12

Great Britain. Court of Chancery - 1844
...Glyn), and of Richardson v. Chapman, 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 (c) 8 Ves. 574. the party to execute, made his duty by the requisition of the will, put upon him, as...
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Reports of Cases Decided in the High Court of Chancery: With Notes ..., Том 33

Great Britain. Court of Chancery - 1854
...Glyn,) and of Richardson v. Cliapman, 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...*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, Том 1;Том 8

1856
...the power subsequently given. Lord Eldon in the last case stated the doctrine very fully; be *ays: " If 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 enough to enable...
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The Central Law Journal, Том 12

1881
...in that case imperative." 2 Sugden on Powers, 173. In this case (see Coc. oit. pi. 5), the testator "has given him an interest extensive enough to enable him to discharge the power." In Brown v. Higgs, 8 Vesey, 17, the executor, therefore, was really a trust«-«', qua...
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The American Decisions: Containing All the Cases of General Value ..., Том 73

1886
...trust. It is a power which it is the duty of the sheriff to execute — made his duty by law, which has given him an interest extensive enough to enable him to discharge it. It is not given to him as a mere power, but as a trust and duty which he ought to fulfill; " and his...
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Harvard Law Review, Том 25

1912
...enable him to discharge it, he is a trustee for the exercise of the power." The important words here are "who has given him an interest extensive enough to enable him to discharge it," and that Lord St. Leonards thought so is shown by the fact that in later editions of the book these...
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The Law of Testamentary Devise as Administered in India. Or the Law Relating ...

Gilbert Stuart Henderson - 1889 - 551 стор.
...of appointment the rule, as laid down in Brown v. Higgs* was that, if the power was one which it was the duty of the party to execute, made his duty by the requisition in the will and put upon him as such by the testator, who had given him an interest extensive enough...
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A Treatise on the Law of Trusts and Trustees, Том 1

Jairus Ware Perry - 1899
...Higgs, 8 Ves. 574 ; Babbitt v. Babbitt, 26 NJ Eq. 44. In this case Lord Eldon said, if the power be one which it is the duty of the party to execute, made...interest extensive enough to enable him to discharge ft, he is a trustee for the exercise of the power, and not as having a discretion whether he will exercise...
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Cases on Future Interests and Illegal Conditions and Restraints: Selected ...

Albert Martin Kales - 1917 - 1456 стор.
...Richardson v. Chapman, 5 Bro. PC 400, 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...it, he is a trustee for the exercise of the power, arid not as having a discretion, whether he will exercise it, or not ; and the Court adopts the principle...
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The Theory and Practice of Conveyancing, Том 2

Solomon Atkinson - 1841
...trust, it has been laid down by a great judicial authority, as the result of all the cases, " that if the power is a power which it is the duty of the...interest extensive enough to enable him to discharge it, 1 Brown v. Higgs, 8 Ves. 574. 1 Wright v. Atkyns, 17 Ves. 255. • Eeles v. England, 2 Vein. 466; Forbes...
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