Reports of Cases Herd and Determined by the Lord Chancellor and the Court of Appeal in Chancery Volume 61

Reports of Cases Herd and Determined by the Lord Chancellor and the Court of Appeal in Chancery Volume 61

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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. 1873 edition. Excerpt: ...he has further held that' the 4th section has restricted the operation of the succession duty with reference to the execution of powers of appointment to cases which take place under dispositions _of property taking effect on the death of some person dying after the time appointed for the commencement of the Act; in other words, either to wills taking effect, or to settlements made after the commencement of the Act; and upon these grounds he has determined that no succession duty is payable in the case before us. With the most unfeigned respect for the judgment of the ViceChancellor, from whose opinion I never differ without some considerable degree of apprehension, I cannot agree with him in either of these conclusions. The 4th section is in these terms: His Lordship read it. This section provides therefore that where there is a general power of appointment under a disposition taking effect on the death of a person dying after the time appointed for the commencement of the Act (whatever may be the meaning of those words--a point to which I shall presently advert), the donee of the power, if he exercises it, shall be deemed to be entitled to the property appointed as a succession derived from the donor. But it does not seem to me to follow that, because in the particular case pointed out by the section the donee of the power is to be the successor to the donor, therefore, in other cases not falling within the section, the appointee is not to be liable under the 2d section. If, indeed, all the cases 350 of appointment under general powers which could fall within the 2d section would also fall within the 4th, there would, I think, be strong ground for supporting this construction of the Vice-Chancellor. But there certainly may be cases...show more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236953614
  • 9781236953612