The Law Library Volume 37

The Law Library Volume 37

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842 edition. Excerpt: ...her the other moiety, in order that she might, from time to time, apply the same to such charitable objects and purposes as by the will expressed, and permit her to receive a surplus arising from the charitable fund in the defendant's hands to be applied to the same purposes.(v) We have already seen that the Court of Chancery will not give directions for the establishment of a charity in Scotland.(w) So where a charity is to be established in any other country out of England, the Court of Chancery, not having any jurisdiction to administer the fund, will order the money to be paid to the trustees 9,656 whom the testator has appointed, without the settlement of any scheme. Thus a fund, bequeathed to a charity at Lyons, was ordered to be paid to two of the plaintiffs, as attorneys of their coplaintiff, the mayor of Lyons, under a power of attorney, which authorised two or one of them to receive the money; and the same course was pursued where the charity was to be distributed in Switzerland.(x) So a fund, given by will, which had been invested in the accountant-general's name, to a corporation in England for a charitable purpose in America, was ordered to be paid to the corporation without the settlement of any scheme, it appearing that the testator had reposed confidence in them.(y) 6. Of the apportionment of charitable funrls. If a gift is for the poor of any city, and other parishes are afterwards admitted within (v) Waldo v. Caley, 16 Ves. 906. See Horde v. Earl of Suffolk, 2 Mylne Keen, 59; ante, p. 529; Powerscourt v. Powerscourt, 1 Molloy, 616; ante, p. 530. (w) Ante, pp. 260, 262.. (1') Martin v. Paxton, 2-1th Feb. 1824, cited 1 Russ. 116; Minet v. Vulliamy, cited Id. 1 13, n. _ (y) The Society for the Propagation of the...
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Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236930231
  • 9781236930231