The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 101

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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. 1908 edition. Excerpt: ...looking at this case, I have changed my opinion. I did not pay sufficient attention to the argument, that the capital is given to the lady, absolutely, in the first instance, and there is no gift over in any other part of the will; though the testator directed a settlement, it is only of the beneficial interest thereby intended for her. He afterwards gives her power to dispose of the property by will; but that was unnecessary, as she already had that power. I think the power will coalesce with her beneficial interest, and the result will be, that she takes the property absolutely. The fund may, therefore, be paid out of Court. IREDELL 21. IREDELL. 1854 she directed A., within six months after her death, to execute a deed, de=lI11'1l1 M R_ that he, his executors, &c., would "thenceforth stand and be possessed of the fund upon the trusts declared by her will: Held, that was B co-trustee of the fund under the will, and could not safely transfer it to B., C. and 1). without the sanction of the O0'U.1'i2. Tun testatrix expressed herself as follows: " I give and beuueath unto my sons, James Iredell and Francis Iredell, and Philip H. Palmer, their executors and administrators, the sum of 5,280l. W. Iredell," and certain other funds similarly situated, upon the trusts therein declared for certain members of her family. And she declared, that if Lestock W. Iredell should not, in her lifetime, have executed declarations of trust, at her request, of the several sums of stock so standing in his name, and should not, within six calendar months after her decease, &c. "execute and deliver to the executors of her said will," a deed, " declaring that he, Lestock W. Iredell, his executors, ...show more

Product details

  • Paperback | 372 pages
  • 189 x 246 x 20mm | 662g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236990838
  • 9781236990839