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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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 100

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1922 - 870 pages
...importance attached to the naming of a trustee as to the naming of a beneficiary, as ordinarily the courts will not permit a trust to fail for want of a trustee but will appoint one. Evidently the proponents consider that, no beneficiary being named, the Swedish...
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Minutes, Constitution and By-laws of the New Mexico Bar ..., Volumes 17-18

New Mexico Bar Association - 1903 - 234 pages
...jurisdiction, unless so directed by the legislature, to appoint trustees of the grant, on the theory that a court of equity will not permit a trust to fail for want of a trustee. That judge very properly decided the subject to be one of political and not judicial cognizance. There...
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Cases on Private Corporations

George Folger Canfield, Isaac Maurice Wormser - 1925 - 960 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...
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New Probate Law and Practice, with Annotations and Forms: For Use in Alaska ...

William Smithers Church - 1926 - 1066 pages
...naming of a trustee for a trust in a will as to the naming of a beneficiary, as, ordinarily, the courts will not permit a. trust to fail for want of a trustee, but will appoint one. — In re Johnson's Estate, 100 Ore. M2, 196 Pac. 385. A trust, created by a...
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The Central Law Journal, Volume 35

1892 - 532 pages
...consti-. tute a trust fund which will be administered by a court of equity, the principle being that equity will not permit a trust to fail for want of a trustee." VOL. 35 No. II alleged to have been fraudulently obtained from the railroad to the payment of complainants...
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Digest of Insurance Cases: Embracing the Decisions of the Supreme and ...

John Allen Finch - 1903 - 454 pages
...of the late association, are in no position to urge the elementary proposition of law, that a court will not permit a trust to fail for want of a trustee, as a reason why the intervener's complaint failed to state a cause of action. [Demurrer to complaint...
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The Northeastern Reporter, Volume 155

1927 - 964 pages
...insurance contracts. 5. Trusts <3=> 1 60(2)— Equity will not permit trust to fall for want of trustee. Equity will not permit a trust to fail for want of a trustee. 6. Insurance <3=>8— Where reciprocal automobile Insurance exchange was not entity, and subscribers'...
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Atlantic Reporter, Volume 35

1897 - 1226 pages
...201, 23 Atl. 732, and Heights Co. v. Oettinger, 53 Md. 4ti, cited by appellees, are not applicable. A court of equity will not permit a trust to fail for want of trustees, and will appoint one to carry out the trust as t'ar as he can, but It by no means follows...
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Trust Companies, Volume 37

1923 - 994 pages
...others are beneficiaries. Resignation and Appointment of Successor It 1н a in, i vim uf.liiw that equity will not permit a trust to fail for want of a trustee. One of the selling points of trust service is the permanency oï a corporate trustee, but it is well...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 37

Rhode Island. Supreme Court - 1915 - 654 pages
...of are sufficient for that purpose. It is not material that he failed to desig/ 7 ^ nate a trustee. Equity will not permit a trust to fail for want of a trustee, but may appoint a trustee or assume the administration of the trust. 39 Cyc. 277. The limitation in...
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