Select Cases and Other Authorities on the Law of Trusts

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The editor, 1919 - 842 pages
 

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Page 207 - 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 169 - ANY absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only...
Page 651 - ... and such trustees, as to all property in the custody or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings thereon...
Page 768 - In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
Page 343 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Page 637 - Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made...
Page 183 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 756 - Our conclusion is that the judgment of the Appellate Division and that of the Special Term should be reversed and the complaint dismissed, with costs in all courts.
Page 651 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Page 637 - July, 1872, having executed a last will and testament, which was admitted to probate by the surrogate of the county of New York, and letters testamentary were duly issued thereon to Abram B.

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