A Treatise on the Law of Trusts and Trustees, Volume 1Little, Brown,, 1882 - Trusts and trustees |
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Page vii
... notice in business or study . The Author owes a debt of gratitude to his professional brethren in every part of the country , for many valuable criticisms , suggestions , and references to authorities . Thirty- three new sections upon ...
... notice in business or study . The Author owes a debt of gratitude to his professional brethren in every part of the country , for many valuable criticisms , suggestions , and references to authorities . Thirty- three new sections upon ...
Page ix
... notice and citation of the latest cases and authorities . To this end all the treatises and essays , as well as the reported decisions , upon the subject , have been used . In addition to the original opinions of judges con- tained in ...
... notice and citation of the latest cases and authorities . To this end all the treatises and essays , as well as the reported decisions , upon the subject , have been used . In addition to the original opinions of judges con- tained in ...
Page xv
... Notice not necessary to trustee or cestui que trust . §§ 106 , 107. Voluntary settlements upon wife and children . §108 . When they will not be enforced . § 109. Tendency of the rule in the United States . § 110. Marriage a valuable as ...
... Notice not necessary to trustee or cestui que trust . §§ 106 , 107. Voluntary settlements upon wife and children . §108 . When they will not be enforced . § 109. Tendency of the rule in the United States . § 110. Marriage a valuable as ...
Page xviii
... Notice of the trust to whom it may be . § 223. Notice may be actual or constructive . - § 224. Purchase of property from executors or administrators — real estate . § 225. Personal property . § 226. Constructive trusts may be proved by ...
... Notice of the trust to whom it may be . § 223. Notice may be actual or constructive . - § 224. Purchase of property from executors or administrators — real estate . § 225. Personal property . § 226. Constructive trusts may be proved by ...
Page 7
... notice , but which in a court of equity carried the beneficial interest and profits , and is still a crea- ture of that court , as the use was before the statute.1 The statute of uses has never been repealed , and is still in force in ...
... notice , but which in a court of equity carried the beneficial interest and profits , and is still a crea- ture of that court , as the use was before the statute.1 The statute of uses has never been repealed , and is still in force in ...
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Other editions - View all
A Treatise on the Law of Trusts and Trustees Jairus Ware Perry,George Francis Choate No preview available - 2015 |
A Treatise on the Law of Trusts and Trustees Jairus Ware Perry,George Francis Choate No preview available - 2018 |
Common terms and phrases
9 Ves Allen appoint arise Attorney-General Bank Barb Barr Beav beneficial interest Brown cestui que trust Clark common law Conn consideration constructive trust contract convey conveyance corporation court of equity create a trust debt declaration of trust decree deed devise enforce executed executor express trusts feoffment fraudulent Freem gift Gill grant Gratt Hare heirs held Humph Ibid implied instrument intention J. J. Marsh Johns Jones jurisdiction Kilpin land legal title Leigh Lewin on Trusts lien Lord Lord Eldon Madd Mass Moore mortgage N. J. Eq notice Paige parol parol evidence parties personal property Phill probate purchase purchase-money real estate resulting trust rule Russ Sandf settlement settlor Smith statute of frauds Strob Sugd third person tion transaction vendor Vern vested voluntary Watts wife Yerg
Popular passages
Page 197 - Fraud, indeed, in the sense of a court of equity properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Page 64 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 64 - That all grants and assignments of any trust or confidence shall likewise be in writing, signed by the party granting or assigning the same, or by such last will or devise, or else shall likewise be utterly void and of none effect.
Page 386 - ... where any person or persons stand, or be seised, or at any time hereafter shall happen to be seised of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons...
Page 324 - These and other cases shew that when there appears a general intention in favour of a class, and a particular intention in favour of individuals of a class to be selected by another person, and the particular intention fails, from that selection not being made, the Court will carry into effect the general intention in favour of the class.
Page 394 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 224 - Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable and unconscientious bargains, and of such even the Common Law has taken notice.
Page 386 - ... for term of life or for years or otherwise, or any use confidence or trust in remainder or reverter, shall from henceforth stand and be seised deemed and adjudged in lawful seisin estate and possession of and in the same...
Page 517 - ... it is no breach of trust to permit one of the trustees to receive all, or the most part of the profits, it falling out many times that some of the trustees live far from the lands, and are put in trust out of other respects than to be troubled with the receipt of the profits.
Page 496 - A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited shall die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain their full age.