A Treatise On the Law of Trusts And Trustees volume 1

Cover A Treatise On the Law of Trusts And Trustees volume 1
A Treatise On the Law of Trusts And Trustees volume 1
Jairus Ware Perry
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And see Re O'Rierne, 1 Jon. & La. 352. And so in Malim v. Keighley, 2 Ves. Jr. 333, 359, a testator recommended a daughter, to whom he made a bequest, to dispose of it at her death in a certain manner, and it was held to create a trust. See also Paul v. Compton, 8 Ves. 380; Ford v. Fowler, 3 Beav. 146; Knott V. Cottee, 16 Beav. 77; Cholmondeley v. Cholmondeley, 14 Sim. 590. But in Meggison v. Moore, 2 Ves. Jr. 630, the word " recommend, " under the peculiar circumstances of the case, was held n...ot to create a trust ; but the case throws no particular light upon the principle. In Bird V. Wade, 3 Ves. & B. 198, 2 Ves. 467, the testator added to his bequest of a part of his property that it was his will and desire that the bequest be left entirely to her disposal among such of her relations as she may think proper. The devisee having died without disposing of the property, it was held to be a trust for her next of kin. See also Brest v. Offley, 1 Ch. R. 246; Harding v. Glyn, 1 Atk. 469: Eai 1 of Bute i>.

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