A Treatise on the Law of Trusts and Trustees, Volume 2Little, Brown, 1882 |
Contents
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Common terms and phrases
Allen allowed apply appointed assignment Att'y-Gen authority Bank Barb Beav benefit bill breach Brown called carried cestui que trust charge charity claim Clark contract corporation court created creditors death debts decree deed directed donor duty effect entitled equity established execute executor exercise express fund gift give given Gray Green hands Hare heirs held Hill hold husband income infant intention interest invested Ired Johns Jones jurisdiction land lease legacies limitations Lord Madd manner married woman Mass mortgage named notice paid Paige particular parties payment possession power of sale principles purchaser real estate reason receive Rich rule Russ sell separate settlement Smith statute tenant tion trustees Vern void Watts White whole wife
Popular passages
Page 272 - A married woman may bargain, sell, assign and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account...
Page 300 - A charity, in the 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 minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 474 - that the reason why money cannot be followed is, because it has no ear-mark:" but this is not true. The true reason is, upon account of the currency of it: it cannot be recovered after it has passed in currency.
Page 299 - Then is this a trust for charity? Do purposes of liberality and benevolence mean the same as objects of charity? That word in its widest sense denotes all the good affections men ought to bear towards each other; in its most restricted and common sense, relief of the poor. In neither of these senses is it employed in this court. Here its signification is derived chiefly from the Statute of Elizabeth.
Page 314 - ... uncertain and indefinite until they are selected or appointed to be the particular beneficiaries of the trust for the time being.
Page 47 - Act, shall be deemed to have been capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger of any preceding estate of freehold, in the same manner, in all respects, as if such determination had not happened.
Page 474 - ... this is not true. The true reason is, upon account of the currency of it : it cannot be recovered after it has passed in currency. So in case of money stolen, the true owner cannot recover it ; after it has been paid away fairly and honestly upon a valuable and bona fide consideration: but before money has passed in currency, an action may be brought for the money itself.
Page 455 - The rules of law are presumed to be known by all men ; and they must govern themselves accordingly. The law holds that the insertion of the word "trustee" after the name of a stockholder does indicate and give notice of a trust. No one is at liberty to disregard such notice and to abstain from inquiry for the reason that a trust is frequently simulated or pretended when it really does not exist. The whole force of this offer of evidence is addressed to the question whether the word " trustee" alone...
Page 313 - Courts look with favor upon all attempted charitable donations, and will endeavor to carry them into effect if it can be done consistently with the rules of law. A bequest intended as a charity is not void, and there is no authority to construe it to be legally void, if it can possibly be made good.
Page 318 - There is no case in which private charity has been made the subject of disposal in the Crown, or been acted upon by .this Court. The charities recognized by this Court are public in their nature, they are such as the Court can see to the execution of.