Reports of Cases Adjudged in the High Court of Chancery, by the Vice-Chancellor, Sir John Stuart Volume 3

Reports of Cases Adjudged in the High Court of Chancery, by the Vice-Chancellor, Sir John Stuart Volume 3

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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. 1858 edition. Excerpt: ...80001., the testatrix had'a clear general power of appointment by will, and in default of appointment it was in trust for such person or persons as at her decease would be entitled according to the Statute of Distributions, if she survived the testator and died intestate and unmarried. As to the other moiety of the 80001., and 'as to the 50001., the power of appointment was limited to persons of her blood and kindred. The will of Catherine Goodrich Shedden contains no reference to any power of appointment. It contains no gift of her personal estate otherwise than by naming executors. It contains no gift of the residue of her personal estate. On the contrary, it contains gifts of pecuniary legacies given in a general way, and also gifts of some specific articles to be given to the legatees whom she names. The language is ungrammatical, and the whole instrument is inartificially framed. If her other assets were suflicient to answer the legacies, there would be no pretence for construing this will as an execution of the general power of appointment. The question, therefore, whether the case can be brought within the operation of the 27th section of the new Wills Act is of great difiiculty and importance. The general scope of that clause is to make general gifts operate as an execution of general powers of ap 1856. pointment. But the language of the Act requires that 'INTHOM there shall be, not a general bequest of the personal es s"E'I')'DEN_ tate, but a bequest qf personal property described in a JUJMMI general manner. The language in the same clause as to real estate is different. To operate as an appointment it requires a " general devise of the real estate of the testator, or of the real estate of more

Product details

  • Paperback | 188 pages
  • 189 x 246 x 10mm | 345g
  • United States
  • English
  • black & white illustrations
  • 1236983858
  • 9781236983855