The Law Library Volume 74

The Law Library Volume 74

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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. 1851 edition. Excerpt: ... of sale, the releases, or the tenant for life, may be empowered to revoke the uses limited by the settlement, and which may be limited by the exercise of any of the powers thereln contained, except any lease made under the power of leasing, and subject and without prejudice to any sale or mortgage which shall then have been actually made in conH58 sequence of the exercise of_ any of the powers; and in the power authonsmg the tenant for life to charge for younger ch1ldren's portions, it should be expressly stated, that the charge made under the power should be subject to the jointure limited by virtue of the power of jointuring reserved to the same tenant." It has however been the practice to leave it to the law to declare how the appointments under the powers should operate. 6. An excessive execution of a power arises under a variety of circumstances: --U459 1st. With regard to the beneficiaries of a power; thus, 'an appointment may be made to objects of the power and to stran (60) In questions upon the execution of powers, courts of equity will, if the power he exceeded, correct the excess, and uphold the execution theref, so far as the power warrants. V Excesses in the execution of powers may arise either, (I) i_n respect to the thing subjected to the power, or (2) to the extent of the estate to be created by the power, or (3) to the quality and property of such estate, or (4) to the persons in whose favour the power is to be executed. And courts oflaw have, in modern times, adopted the same rule of construction of instruments made in execution of powers in this respect, as obtains in courts of equity, by correcting the excess, and supporting the execution of the power so far as is warranted thereby. It has been...show more

Product details

  • Paperback | 298 pages
  • 189 x 246 x 16mm | 535g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236883381
  • 9781236883384