The Lawyers Reports Annotated Volume 50

The Lawyers Reports Annotated Volume 50

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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. 1914 edition. Excerpt: ...for as much, in their judgment, as will be equal to its value and the money arising from such sale be placed in the hands of my friend Stark Armstead one of my executors hereafter appointed, who I vest with power to apply the said money to any use or uses he in his discretion may deem best for the benefit of my wife and all my children;" for this clause does not indii-ate a special confidence as the basis of public Estoppel--acquiescence in sale by trustee. 4. Interested parties who acquiesce in a sale by a trustee appointed under a will upon petition of the widow of testator are estopped to question the validity of the sale because they were not made parties to the proceedings for appointment of the trustee. Parties-appointment of trustee--who necessary. 5. To fill a vacancy in a trusteeship created by will it is not necessary to make all parties having an interest in the trust fund parties to the proceeding. Power--creation by will--attaching to oflice. 6. An order filling a vacancy in a trusteeship created by will need not confer express the power. Brown v. Armistead, 6 Rand. (Va.) 594.--where the power by will is conferred upon the executors, not naming them. Taylor v. Galloway, 1 Ohio, 232, 13 Am. Dec. 605.--where the power to sell real estate is conferred upon executors without naming them, and the exercise of the power was necessary to eflectuate the intention of the testator, as shown by the purpose for which the sale was to be made. Jackson ex dem. Hunt v. Ferris, 15 Johns. 346.--even though the power was to be executed only at the discretion of the executors, where lt was clear that the testator meant anyone who was filling that ofiice. Veimar v. Fath, 43 N. J. L. 1.--where real estate was devised to nine persons by name, ...show more

Product details

  • Paperback | 1028 pages
  • 189 x 246 x 51mm | 1,796g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123694769X
  • 9781236947697