Select Cases on the Law of TrustsWest, 1925 - 1017 pages |
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Page 1
... enforce , it is vital , from an analytical as well as a pedagogical point of view , to start by defining various fiduciary relations and segregating them from strict trusts . Lord Bacon appreciated the importance of so doing , saying ...
... enforce , it is vital , from an analytical as well as a pedagogical point of view , to start by defining various fiduciary relations and segregating them from strict trusts . Lord Bacon appreciated the importance of so doing , saying ...
Page 3
... enforce the obligations . " Underhill , Trusts and Trustees ( 7th Ed . ) 1 . " A trust , in its technical sense , is the right , enforceable solely in equity , to the beneficial enjoyment of property of which the legal title is in ...
... enforce the obligations . " Underhill , Trusts and Trustees ( 7th Ed . ) 1 . " A trust , in its technical sense , is the right , enforceable solely in equity , to the beneficial enjoyment of property of which the legal title is in ...
Page 8
... enforced gratuitous parol undertakings is to be found in this remark of counsel in 1533 : ' By Hales , a man cannot ... enforce gratui- tous instruments under seal . 13 Doct . & St. ( 18th Ed . ) Appendix , 17 ; Harg . Law Tracts , 334 ...
... enforced gratuitous parol undertakings is to be found in this remark of counsel in 1533 : ' By Hales , a man cannot ... enforce gratui- tous instruments under seal . 13 Doct . & St. ( 18th Ed . ) Appendix , 17 ; Harg . Law Tracts , 334 ...
Page 14
... enforce this argument , which I have omitted , my design being only to show briefly the principal reasons thereof . * On the contrary Thomas Bromley and the said Apprentice argued for the defendants . * * And hereupon the Apprentice ...
... enforce this argument , which I have omitted , my design being only to show briefly the principal reasons thereof . * On the contrary Thomas Bromley and the said Apprentice argued for the defendants . * * And hereupon the Apprentice ...
Page 24
... enforced in a court of equity , as it would have been before the statute . When uses were raised by conveyances at common law , operating by transmutation of possession , the uses declared in such conveyances did not require a ...
... enforced in a court of equity , as it would have been before the statute . When uses were raised by conveyances at common law , operating by transmutation of possession , the uses declared in such conveyances did not require a ...
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Common terms and phrases
agent amount appeal apply appointed assignment authority beneficiary benefit bequest bill bona fide purchaser bonds cestui que trust Chancellor Chancery charitable chose in action claim consideration constructive trust contract conveyance conveyed corporation Court of Chancery court of equity created creditors death debtor debts deceased declaration of trust decree deed defendant deposit depositor devise doctrine donor enforce entitled executed executors fact favor fraud gift gift inter vivos heirs held hold income intention interest investment judgment jurisdiction land Law Rev legal title legatee liability lien Lord Mass ment mortgage N. J. Eq notice opinion owner paid parties payment person plaintiff possession principle provision purchase purpose question real estate reason received resulting trust rule Savings Bank spendthrift trust statute statute of frauds supra testator's testatrix tion transfer trust estate trust fund trust property valid vested wife
Popular passages
Page 507 - In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
Page 549 - All subjects over which the sovereign power of a state extends, are objects of taxation ; but those over which it does not extend, are, upon the soundest principles, exempt from taxation.
Page 230 - Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor...
Page 23 - ... together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof...
Page 344 - Charity, in its legal sense, comprises four principal divisions — trusts for the relief of poverty ; trusts for the advancement of education ; trusts for the advancement of religion ; and trusts for other purposes beneficial to the community, not falling under any of the preceding heads.
Page 573 - Our conclusion is that the judgment of the Appellate Division and that of the Special Term should be reversed and the complaint dismissed, with costs in all courts.
Page 23 - ... witnesseth, that the said parties of the first part, for and in consideration of the sum of two thousand dollars in gold coin of die United States of America, to them in hand paid by the said party of the second part...
Page 454 - July, 1872, having executed a last will and testament, which was admitted to probate by the surrogate of the county of New York, and letters testamentary were duly issued thereon to Abram B.
Page 329 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their...
Page 254 - ... person appearing by the certificate to be the owner of the shares represented thereby.