The New Hampshire Reports Volume 42

The New Hampshire Reports Volume 42

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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. 1862 edition. Excerpt: ...as the complete ownership of the land, that the estate of the feoffee was subservient to the cestui que use, and that the former could do nothing to defeat the interest of the latter, un-I less by alienation for a valuable consideration without notice; that the statute of uses completed this subserv Hopkinson v. Dumas. iency by consolidating the legal estate with the use, or by merging the legal estate in the equitable; and that by analogy to uses thus considered, trust estates had been and should be held to be the solid and substantial ownership of the land, and the trustee the mere instrument of conveyance; that where a party holds by two titles, the law considers him as taking by the best; that the trust estate, being the best, must control the legal estate. But the court held otherwise, deciding that the legal estate was the better title, and that the equitable title was merged the moment the two became united in the same person; that the legal drew after it the equitable estate, and that the latter was lost in the former; so that, upon the death of the son (the person in whom both estates had been united), the estate did not again open, and that the trust could not again be revived.. Lord Mansfield, in delivering his opinion in the case, says: "For'the moment both estates meet in one person, there is an end of the trust. He has the legal estate, and all the profits, by his best title. A man can not be a trustee for himself. Why should the estates open upon his death? What equity has one set of heirs more than another? He may dispose of the whole as he pleases, and if he does not, there is no room for chancery to interpose, and the rule of law must prevail." And he seems to conclude that the weight of opinion and...show more

Product details

  • Paperback | 188 pages
  • 189 x 246 x 10mm | 345g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236749103
  • 9781236749109