The Act to Amend the Law of Property and to Relieve Trustees (23
Format: Paperback
ISBN13: 9780217327725
Paperback|9780217327725
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Overview
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 Excerpt: ...to recover the amount paid to him. It continually happens that payments have to he made to persons out of England, who on leaving this country appointed an attorney to act for them in all matters that might arise during their absence: proof that the constituent is living at the time of a payment claimed under such a power is seldom attainable, and considerable difficulty and some litigation has arisen in consequence. It does not appear, however, that the Courts of Equity have in any case held a trustee liable for any sum paid by him bond fide to one acting as the attorney of a dead person. See Bailey v. Collett, 18 Beav. 179. A power of attorney can at any time be revoked by the constituent, unless it be given for valuable consideration (Walsh v. Whitcombe, 2 Esp. 565; Smart v. Sanders, 5 C. B. 895, 916; and the other authorities cited, 18 Beav. 181). A discharge given by a person formerly an attorney, whose power has been revoked, will be of no more validity at law than if given by any stranger. The following section gives validity to the bond fide acts of trustees, executors, and administrators in these cases. Trustee, etc. XXVI. No trustee, executor, or administramenlnunSer tor, making any payment, or doing any act(l) tomey not. bond fide under or in pursuance of any power of byreisonof attorney, shall be liable for the moneys so paid party giving or tne act s0 done, by reason that the person -uch power. wn0 gaye e p0wer 0f attorney was dead at the time of such payment or act, or had done some act to avoid the power, provided that the fact of the death or of the doing of such act as last aforesaid, at the time of such payment or act bond fide done as aforesaid, by such trustee, executor, or administrator, was not known to him: (2) Provided always tha..
| ISBN-13 | 9780217327725 |
|---|---|
| ISBN-10 | 0217327729 |
| Weight | 0.33 Pounds |
| Dimensions | 9.00 x 6.00 x 0.22 In |
| List Price | $14.14 |
| Format | Paperback |
|---|---|
| Pages | 92 pages |
| Publisher | |
| Published On | 2009-12-01 |
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