The Revised Reports
Format: Paperback
ISBN13: 9781459047358
Paperback|9781459047358
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Earl Granvillb r. M'NEILE. 158 1848. Dec. 11,12. 1849. Feb. 9. Wioram, V.-C. 159] Kmtes v. Burton (l); Eaton v. Smith (2), and other cases were cited.] The Vice-chancellor: In this case, by a settlement of the llth of June, 1833, a power was reserved to George Alexander Fullerton, his executors, administrators or assigns, in events which afterwards happened, to appoint a new trustee in the place of Stone, an original trustee of the llth of June, 1833. Stone died in 1844, having devised the trust estates, and the same are now vested in the devisees in trust under Stone's will. George Alexander Fullerton is since dead, having made a will and appointed three persons executors. One of those persons has renounced, and the will has been proved by the remaining two. The two acting executors under Fullerton's will have appointed a trustee in the place of Stone. The trustee so appointed, together with the other trustees of the settlement of the llth of June, 1833, have called upon the devisees in trust under Stone's will, to convey the property to them; and the question is, whether the appointment of trustee by the acting executors of Stone is a good appointment. I have referred to Sir Edward Sugden's Book on Powers, but find nothing there to make me doubt the sufficiency of the appointment. The question in all such cases is whether the confidence is reposed in the individuals named or in the persons who de facto fill the given office. In this case the power to appoint the trustee is not derived under the will of Fullerton, but under the settlement of June, 1833; and I cannot, in such circumstances, hesitate in coming to the conclusion, that the intention of the parties was, that those whom Fullerton trusted to administer his property should also be tru...
| ISBN-13 | 9781459047358 |
|---|---|
| ISBN-10 | 1459047354 |
| Weight | 1.62 Pounds |
| Dimensions | 9.00 x 6.00 x 1.13 In |
| List Price | $22.40 |
| Format | Paperback |
|---|---|
| Pages | 506 pages |
| Publisher | |
| Published On | 2009-08-01 |
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