A Treatise on the Law of Trusts and Trustees, Volume 2

Front Cover
Little, Brown, 1882
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

CHAPTER XXI
195
CHAPTER XXII
221
Whether they originated in the civil law 691 Early English legislation upon charities 692 Statute 43 Eliz c 4 1601
297
Where courts can carry a charity into effect although no trustees are appointed by the donor 723 Cy près as a rule of construction and where it may ...
298
CHAPTER XXIV
396
CHAPTER XXV
410
CHAPTER XXVI
440
CHAPTER XXVII
470
Division of powers
473
Powers where the trust is before the court
474
Powers in law and in equity
475
General power of trustees 476 a Power to ask direction of court
476
General power of repairing
477
Powers of superintendents of public works
478
Of executors to close up testators establishment
479
Power of executor to appropriate a legacy
480
Power to waive the statute of limitations
481
Power to release or compromise a debt
482
Power as to equity of redemptions
483
General power of leasing 485 Power of trustee to reimburse himself
485
Powers of trustees of trading companies 487 Power of insuring
487
Special powers
488
489 490 Division and definition of special powers
489
491 492 Difference between the gift of a power and of an estate
491
Where power may be executed by survivors
493
Where by heirs or devisees or assigns
494
Where by assigns and where
495
Where the power is matter of personal confidence
496
Where a power may be executed by last survivor
497
When a power must be executed
498
+99 By what persons powers may be executed 500 Whether by administrators with the will annexed
500
By whom to be executed when no person is named
501
By whom where a trustee refuses to accept
502
Whether the power goes with the estate
503
Who can execute where an estate is assigned 505 Powers annexed to an estate survive with the estate
505
Where a power may be contrary to the rule against perpetuities
506
Discretionary powers where and where
507
Division of discretionary powers and their execution
508
Power of varying securities
509
510 511 Control of courts orer the exercise of discretionary powers
510
CHAPTER XXIX
522
CHAPTER XXX
537
When tenant for life is entitled to the possession
540
CHAPTER XXXI
553
DETERMINATION OF THE TRUST AND DISTRIBUTION OF THE TRUST FUND 920933
562
Trusts may be terminated by decree upon the consent of all parties 921 How the responsibility of a trustee may be terninated 922 Whether trustees a...
574
Whether preferences can be made in such trusts
586
Whether these trusts are void as fraudulent under the bankrupt laws
587
Where a wife is entitled to a second settlement
635
What amount will be settled on a wife
636
Where a husband refuses to make a settlement
637
Distinction between survivorship and the right to a settlement
638
Whether a husband has reduced a wifes choses in action to possession
639
640642 What is and what is not a reduction to possession
640
Effect of a reduction to possession by the husband
643
Husband entitled to joint property
644
A settlement extends to children when
645
The right of a married woman to hold property to her separate
646
How a trust for her separate use may be created
647
The words that create a separate
648
Words that do not create a separate
649
State of the authorities and the general rule as to her separate
650
Must be for the separate use of the wife alone
651
Changeable rights of a woman to property settled to her separate
652
To what marriages the separate use extends
653
How a married woman may deal with her separate property
654
General rule as to the right of a married womau to deal with her separate estate
655
As to real estate
656
Power to contract debts
657
SS 658 659 How far her contracts bind her separate estate SS 660 661 Rules in England and the various States 662 Married woman not personally b...
662
The principles that apply to a wifes separate estate
663
Savings and accumulations out of her separate estate
664
Rights of the wife against her husbands estate where he receives the income of her separate estate
665
If a husband receives her separate estate he becomes a trustee
666
Right of a married woman to the possession of her separate estate
667
Disposition of a wifes separate estate by will descent or otherwise
668
Where a breach of trust is committed by a married woman or by her procure ment
669
670 671 Restraints upon anticipation or alienation by a married woman
670
672 673 Deeds of separation between husband and wife
672
Rights of the wife under deeds of separation
674
Statutes of various States in relation to the rights of married women to property
675
These statutes do not affect rights which were vested before the passage of the statutes
676
Nor do they affect settlements made before the statutes
677
Ilusband and wife may be agents for each other How far a husband may deal with his wifes separate property
678
A wife may give her separate property to her husband
679
Separate estate for married women under the statutes governed by same rules that governed separate estates under settlements
680
Right of husband to curtesy cannot convey his right
681
Rights of married women to make wills under the statutes rights of the hus band in the absence of a will
682
Rights of married women to be trustees c and to sue and be sued
683
A married woman may sell her personal property
684
But cannot convey her real estate without the consent of her husband
685
Trusts for CHARITABLE USES 687 General remarks upon charitable trusts
687
The origin of charitable trusts
688
History of charitable trusts
689
Copyright

Other editions - View all

Common terms and phrases

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.

Bibliographic information