Cases on the Law of Trusts: Selected from Decisions of English and American CourtsWest Publishing Company, 1911 - 621 стор. |
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Cases on the Law of Trusts: Selected from Decisions of English and American ... Thaddeus Davis Kenneson Попередній перегляд недоступний - 2015 |
CASES ON THE LAW OF TRUSTS SEL Thaddeus Davis 1859-1924 Kenneson Попередній перегляд недоступний - 2016 |
Загальні терміни та фрази
action administrator alleged amount annuity Appeal apply appointed assets assignment authority bank Beav benefit bill bond breach of trust cestui que trust Chancery charge chose in action claim consideration conveyance conveyed Court of Chancery court of equity coverture creditors death debtor debts deceased declared decree deed defendant devised entitled execution executors fee simple feoffee feoffment filed fraud gift heirs held husband income insolvent intention interest investment John judgment land legal title liable lien loan Lord Chancellor ment mortgage N. J. Eq notice opinion is omitted owner paid parties payment personal estate plaintiff possession principle proceeds profits purchase question real estate received rents resulting trust rule settlement shares sold solicitor statute statute of frauds tenant testator's thereof tion transfer trust estate trust fund trust money vested Vice Chancellor Walter Stubbs wife William
Популярні уривки
Сторінка 105 - 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.
Сторінка 362 - ... person entitled to the possession or to the receipt of the rents and profits as aforesaid unless they shall concur therein.
Сторінка 108 - ... and all dispositions of property contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin or heirs, according to law...
Сторінка 528 - Jacob 4 for the product of or substitute for the original thing still follows the nature of the thing itself, as long as it can be ascertained to be such, and the right only ceases when the means of ascertainment fail...
Сторінка 613 - If a trustee Is In possession, and does not execute his trust, the possession of the trustee Is the possession of the cestui que trust; and. If the only circumstance Is that he does not perform his trust, his possession operates nothing as a bar, because his possession Is according to his title.
Сторінка 445 - All that can be required of a trustee to invest, is, that he shall conduct himself faithfully and exercise a sound discretion. He is to observe how men of prudence, discretion and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety of the capital to be invested".
Сторінка 68 - The cases I think go further to this extent, that if the settlement is intended to be effectuated by one of the modes to which I have referred, the court will not give effect to it by applying another of those modes. If it is intended to take effect by transfer, the court will not hold the intended transfer to operate as a declaration of trust, for then every imperfect instrument would be made effectual by being converted into a perfect trust.
Сторінка 117 - This is surely only a jest put upon the jurisdiction of this court by the common lawyers; for when you go about to bind the lands and grant a sequestration to execute a decree, then they readily tell you that the authority of this court is only to regulate a man's conscience, and ought not to affect the estate, but that this court must...
Сторінка 137 - The simple trust is where property is vested in one person upon trust for another, and the nature of the trust, not being prescribed by the settlor, is left to the construction of law.
Сторінка 530 - Appeal from order of the General Term of the Supreme Court in the third judicial department...