The Law Library Volume 55

The Law Library Volume 55

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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. 1847 edition. Excerpt: ...1703 et seq.; but where lands are given to trustees upon special trusts, it then becomes doubtful whether an entire or a partial disposition have been made to them, F593 'as where the 'limitation is to A. and his heirs, upon trust to pay the rents and profits to B., this has been held to give them the legal estate;(z) and in the_ case of wills the whole depends upon the testator's inteut.(a.) 1829. So, the legal estate must vest in trustees where it is given to them to sell or mortgage for the payment ofdebts;(b)(l) so, to convey an estate;(c) so, to support contingent remainders;((l) so, to hold for the separate use of afeme covert is a trust, nota use executed;(e)(2) so, a devise to trustees to receive rents and profits during the life of A., and, that such rents and profits shall be applied for his subsistence and maintenance during his life, is a trust, nota use executed in him;(_/')(3) but here a distinction has been taken between this case and a devise to trustees and their heirs, on trust to permit A. to take the profits for his life, and afterwards to stand seised to the use of the heirs of his body; for in this case it was held that A. had _a use executed in him;(g) and where the devise was " to pay unto A., or permit A. to receive, the rents and profits, there it was held that the legal estate was in A., because the words " to permit," &c. came last, and the rule of construction is, that the first words in a will, and the last in a deed, shall prevail.(h) (1)-Steel v. Henry, 9 V. 528. Otherwise, if' there be only power given. Woolbridge v. Watkins, 3 Bihb, 350. And it is contingent, vcstirrg only in those who will act. 'Baird v. Rowan, 1 Marsh. 216. ' (2) Ante, 509 n. 1....
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Product details

  • Paperback | 338 pages
  • 189 x 246 x 18mm | 603g
  • United States
  • English
  • black & white illustrations
  • 1236915062
  • 9781236915061