A Practical Treatise On the Law of Trusts And Trustees
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Should sell, and A. And B. In pursuance of the authority had made a feoffment or grant, this assurance seems to have operated retrospectively as the assurance of the testator, and so, falling within the words of the statute of Richard, served to pass even the legal estate. 4. And cestui que use might have devised such an authority even to his feoffees, and the power would have been construed in the same manner as if it had been devised to a stranger : thus where a man enfeofi'ed A. And B. To hi...s own use, and afterwards devised that the said A. And B. Should sell the estate and apply the proceeds, &c. , and A. And B. On the decease of the testator, enfeoff- ed C. And D. To the like uses, it was ruled that A. And B. Might still sell under THE POWERS OF TRUSTEES. 449 A distinction may perhaps be thought to exist between cases where the language of the power is indefinite, as to the *persons by r^cKoo-i whom it is to be exercised; for example, where an estate is L -l vested in trustees and their heirs in trust, to sell, &c.
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To quickly assess the difficulty of the text, read a short excerpt:
Should sell, and A. And B. In pursuance of the authority had made a feoffment or grant, this assurance seems to have operated retrospectively as the assurance of the testator, and so, falling within the words of the statute of Richard, served to pass even the legal estate. 4. And cestui que use might have devised such an authority even to his feoffees, and the power would have been construed in the same manner as if it had been devised to a stranger : thus where a man enfeofi'ed A. And B. To hi...s own use, and afterwards devised that the said A. And B. Should sell the estate and apply the proceeds, &c. , and A. And B. On the decease of the testator, enfeoff- ed C. And D. To the like uses, it was ruled that A. And B. Might still sell under THE POWERS OF TRUSTEES. 449 A distinction may perhaps be thought to exist between cases where the language of the power is indefinite, as to the *persons by r^cKoo-i whom it is to be exercised; for example, where an estate is L -l vested in trustees and their heirs in trust, to sell, &c.
What to read after A Practical Treatise On the Law of Trusts And Trustees?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Lewin to read onlineMoreLess
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