A Practical Treatise On the Law Relating to Trustees : Their Powers, Duties, Privileges, And Liabilities
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See, also, Taylor v. Galloway, 1 Hamm. 234; Floyd V. Johnson, 2 Litt. 115; and Earl of Orfoid v. Earl of Albemarle, 12 Jur. 811.
The case of Stroughill v. Anstey, above cited, does not appear to have met with entire approbation in England. A writer in a recent number of the Jurist (vol.
17, part ii. page 243), considers the true ground of the decision there, to have been, " first, that the property was leasehold, and, therefore, the trust for con- version, &c., . . . was more material than it w...ould have been if the property had been permanent. . . . And, secondly, that the transaction did not appear on the face of it, or to the mortgagees, as a transaction which could possibly be neces- sary or proper for a due administration of the trusts ;" and he argues, that, notwith- standing Stroughill V. Anstey, in the case oi freeholds of inheritance charged with debts and legacies, and subjected to an imperative trust for conversion, the trus- tees would be authorized to mortgage, if the money were needed at once, and a sale at the particular time would be disadvantageous and inexpedient.
What to read after A Practical Treatise On the Law Relating to Trustees : Their Powers, Duties, Privileges, And Liabilities?
You can find similar books in the "Read Also" column, or choose other free books by Troubat, Francis Joseph, 1802-1868 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
See, also, Taylor v. Galloway, 1 Hamm. 234; Floyd V. Johnson, 2 Litt. 115; and Earl of Orfoid v. Earl of Albemarle, 12 Jur. 811.
The case of Stroughill v. Anstey, above cited, does not appear to have met with entire approbation in England. A writer in a recent number of the Jurist (vol.
17, part ii. page 243), considers the true ground of the decision there, to have been, " first, that the property was leasehold, and, therefore, the trust for con- version, &c., . . . was more material than it w...ould have been if the property had been permanent. . . . And, secondly, that the transaction did not appear on the face of it, or to the mortgagees, as a transaction which could possibly be neces- sary or proper for a due administration of the trusts ;" and he argues, that, notwith- standing Stroughill V. Anstey, in the case oi freeholds of inheritance charged with debts and legacies, and subjected to an imperative trust for conversion, the trus- tees would be authorized to mortgage, if the money were needed at once, and a sale at the particular time would be disadvantageous and inexpedient.
What to read after A Practical Treatise On the Law Relating to Trustees : Their Powers, Duties, Privileges, And Liabilities?
You can find similar books in the "Read Also" column, or choose other free books by Troubat, Francis Joseph, 1802-1868 to read onlineMoreLess
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