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" In the absence of a trustee; the principle being that equity will not permit a trust to fail for want of a trustee. "
Cases Decided in the Court of Claims of the United States - Page 16
by United States. Court of Claims - 1938
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1900 - 842 pages
...subject to all the duties hereby imposed." The plain terms of the statute, and the familiar rule that equity will not permit a trust to fail for want of a trustee, point alike to the inevitable conclusion that the rights of the appointee under the law were the same...
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Cases on the General Principles of the Law of Private Corporations, Volume 2

Horace La Fayette Wilgus - 1902 - 1056 pages
...which will be administered by a court of equity, in the absence of a trustee ; the principle being that equity will not permit a trust to fail for want of a trustee." While it is true language has been frequently used to the effect that the assets of a corporation are...
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A Treatise on the Modern Law of Real Property and Other Interests in Land

Herbert Thorndike Tiffany - 1903 - 1644 pages
...survivor or survivors.1** I 100. Appointment and substitution of trustees. It is a well-settled rule that equity will not permit a trust to fail for want of a trustee, and consequently, if a trustee is not named in the declaration of trust, or the person named dies, or the...
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The Law of Real Property and Other Interests in Land, Volume 1

Herbert Thorndike Tiffany - 1903 - 894 pages
...vest in the survivor § 100. Appointment and substitution of trustees. It ia a well-settled rule that equity will not permit a trust to fail for want of a trustee, and consequently, if a trustee is not named in the declaration of trust, or the person named dies, or the...
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Probate Reports Annotated: Containing Recent Cases of General Value Decided ...

Frank Sumner Rice, William Lawrence Clark - 1904 - 902 pages
...no person in existence with power to appoint a successor in trust under the will of Jerusha Maxwell. A court of equity will not permit a trust to fail for want of a trustee, and since the power of appointment was not exercised, and the executors and trustees of Joel C. Walter...
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A Selection of Cases on the Law of Private Corporations

Leslie Jay Tompkins - 1908 - 1188 pages
...which will be administered by a court of equity in the absence of a trustee, the principle being that equity will not permit a trust to fail for want of a trustee." While it is true language has been frequently used to the effect that the assets of a corporation are...
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American Law and Procedure, Volume 6

James De Witt Andrews - 1910 - 524 pages
...constructive trustees for the proposed beneficiaries. This is one case to which the equitable maxim that "equity will not permit a trust to fail for want of a trustee" properly applies. We must, however, beware of applying this maxim too broadly. If the instrument were...
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Annals of the American Academy of Political and Social Science, Volume 41

1912 - 466 pages
...addition, general equity jurisprudence is administered by some tribunal in every state of the Union, and equity will not permit a trust to fail for want of a trustee. So, in so far as merely taking title is concerned, it is safe to use a corporation as a trustee. And...
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Cases on Private Corporations: Selected from Decisions of English and ...

Harry Sanger Richards - 1912 - 896 pages
...which will be administered by a court of equity, in the absence of a trustee ; the principle being that equity will not permit a trust to fail for want of a trustee." While it is true language has been frequently used to the effect that the assets of a corporation are...
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Mississippi Digest Annotated: A Complete Digest of All Reported ..., Volume 4

1912 - 970 pages
...one when necessary. — (1872) Ready v. Hamm, 46 M. 422; (1876) Clark v. Wilson, 53 M. 119. (1893). Equity will not permit a trust to fail for want of a trustee. — Taylor v. Watkins, 13 So. 811, not officially reported. § 164. Removal. (1910). The chancery court...
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