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" Is It an Interest in the subject on which the power Is to be exercised, or Is It an Interest in that which is produced by the exercise of the power? We hold It to be clear that the Interest which can protect a power after the death of a person who creates... "
The American State Reports: Containing the Cases of General Value and ... - Page 562
1904
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United States Reports: Cases Adjudged in the Supreme Court, Volume 21

United States. Supreme Court - 1823 - 756 pages
...exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear,- that the interest which can protect...the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves would seem to import this meaning. " A power...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 11

Arkansas. Supreme Court - 1851 - 860 pages
...exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear that the interest which can protect a power after the death of the person who creates it, must be an interest in the thing itself. In other words, the power must...
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A Treatise on the Law of Principal and Agent: Chiefly with Reference to ...

William Paley - 1847 - 732 pages
...mortis against the executor, it was said by Lord Loughproduced by tho exercise of the power ? We hold it to be clear, that the interest which can protect a...the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves would seem to import this meaning. ' A power...
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A Selection of Leading Cases Upon Commercial Law Decided by the ..., Volume 725

1847 - 554 pages
...exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear, that the interest which can protect a...the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves would seem to import this meaning. " A power...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 144

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1907 - 798 pages
...exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear that the interest which can protect a...the thing itself. In other words, the power must be engrafted on an estate in the thing. ' ' The words themselves would seem to import this meaning. '...
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - 1120 pages
...see the reasoning of Marshall CJ, in Hunt ». Rousmanier, 8 Wheat. 174, where he says, " We hold it to be clear, that the interest, which can protect...creates it, must be an interest in the thing itself." " The interest or title in the thing, being vested in the person who gives the power, remains in him,...
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Volume 1

Robert D. Handy, John H. Handy - 1855 - 638 pages
...the sense in which those words are used. The meaning of those words is explained in several cases. " The interest which can protect a power after the death...creates it, must be an interest in the thing " itself," not " an interest in that which is to be produced by " the exercise of the power." (8 Wheat.) It "...
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The Law of Contracts, Volume 1

Theophilus Parsons - 1857 - 936 pages
...definition. In Hunt v. Rousmanier, 8 Wheat. 201, it was held (Mars/mil, CJ, giving the opinion of the court) that the interest which can protect a power, after the death of the person who creates it, must be an interest in the tiling itself 6n which the power is to be exercised,...
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A Treatise on the American Law of Real Property, Volume 2

Emory Washburn - 1864 - 912 pages
...exercised, or is it an interest in that which is produced by the exercise of the power ?• We hold it to be clear, that the interest which can protect a...the thing itself. In other words, the power must be engrafted on an estate in the thing." After stating that a power to A to sell for his own benefit would...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 5

United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 594 pages
...exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear that the interest which can protect a power after the death of a person who creates it, mast be an interest in the thing itself. In other words, the power must be engrafted on an estate in...
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