American Law Reports Annotated, Svazek 49 |
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Strana 8
If the language in the will created a trust in favor of the respondent , the judgment appealed from must be affirmed . It is unnecessary to discuss the origin or to review the great number of judicial decisions in England and in this ...
If the language in the will created a trust in favor of the respondent , the judgment appealed from must be affirmed . It is unnecessary to discuss the origin or to review the great number of judicial decisions in England and in this ...
Strana 13
Trusts so created are commonly spoken of as precatory trusts ; although , as remarked by Rigby , L. J. , in Re Williams [ 1897 ] 2 Ch . ( Eng . ) 12 - C . A. , the phrase " is nothing more than a misleading nickname .
Trusts so created are commonly spoken of as precatory trusts ; although , as remarked by Rigby , L. J. , in Re Williams [ 1897 ] 2 Ch . ( Eng . ) 12 - C . A. , the phrase " is nothing more than a misleading nickname .
Strana 20
578 , it was said that a trust may be created by precatory words if they be not so modified by the context as to amount to no more than mere suggestion , to be acted upon or not according to the caprice of the interested devisee ...
578 , it was said that a trust may be created by precatory words if they be not so modified by the context as to amount to no more than mere suggestion , to be acted upon or not according to the caprice of the interested devisee ...
Strana 28
The essence of the doctrine of precatory trusts is that the words creating them , while in form the expression of a request , wish , or recommendation on the part of the testator , are in fact intended by him as a positive direction or ...
The essence of the doctrine of precatory trusts is that the words creating them , while in form the expression of a request , wish , or recommendation on the part of the testator , are in fact intended by him as a positive direction or ...
Strana 29
may be determined whether a precatory trust has been created.27 The words . Clark v . Hill ( 1897 ) 98 Tenn . 300 , 39 S. W. 339 . A subject of the recommendation that is certain , and the object or persons to receive benefits therefrom ...
may be determined whether a precatory trust has been created.27 The words . Clark v . Hill ( 1897 ) 98 Tenn . 300 , 39 S. W. 339 . A subject of the recommendation that is certain , and the object or persons to receive benefits therefrom ...
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abutting action affirmed agreement appears applied authority bank benefit bill bond building cause charge claim closing compensation condition Constitution contract course court created damages daughter death decease defendant desire devised direct discharge distribution duty effect employee employment entitled equity evidence express fact further gave gift give given heirs held hold husband importer injunction injury intention interest issue judgment jury land leaving limitation liquor living Mass matter means ment N. Y. Supp nature nuisance opinion owner parties payment person plaintiff portion possession premises provision question reason recover reference remain Reprint request rule statute street supra testator's thereof tion trust trust receipt United vacation wife wish
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Strana 279 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Strana 508 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Strana 349 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Strana 626 - A statute must be construed, if fairly possible, so as to avoid not only the conclusion that it is unconstitutional, but also grave doubts upon that score.
Strana 635 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury ; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
Strana 136 - a competent livelihood of freehold for the wife, of lands and tenements; to take effect, in profit or possession, presently after the death of the husband, for the life of the wife at least.
Strana 276 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person...
Strana 222 - Gradwohl to receive the income from the same during the term of her natural life, and at her death to be equally divided among her children or legal heirs.
Strana 441 - ... arising out of and in the course of his employment," within the meaning of the workmen's compensation law.
Strana 285 - That the validity of the negotiation of a bill is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the bill was deprived of the possession of the same by fraud, accident, mistake, duress, loss, theft or conversion...