Outlines of Equity : a Concise View of the Principles of Modern Equity
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In our eReader you can find the full English version of the book. Read Outlines of Equity : a Concise View of the Principles of Modern Equity Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Outlines of Equity : a Concise View of the Principles of Modern Equity
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y. Downing, Wilra. 23.) From this essential difference follows this important conse- quence — that the Court will never execute a mere power, but will always execute a trust. [Harding v.
Glynn, 2 Wh. & Tu. 3;36 ; Be Wcekes, (1897) 1 Ch. 289.) If, therefore, the person who has the power in the nature of a trust does not discharge the duty which the power imposes, the Court will discharge the duty in his place [Brown v. Higgs, 8 Ves. 661) ; and in doing so, the Court acts upon the principle that ...equality is equity, and divides the property equally, although the trustee, if he had chosen to exercise the power, might have used his discretion to give unequal shares. [Ibid. ; Willis v.
Kymer, 7 C. D. 181.) Equity never wants a Trustee. — If, therefore, a trustee dies or fails to execute a power in the nature of a trust, the Court will execute it ; for if a trust can by any possibility be executed by the Court, the non-execution by the trustee shall not prejudice the cestui que trust.
[Brown v.
What to read after Outlines of Equity : a Concise View of the Principles of Modern Equity?
You can find similar books in the "Read Also" column, or choose other free books by Williams, Sydney Edward, 1850- to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
y. Downing, Wilra. 23.) From this essential difference follows this important conse- quence — that the Court will never execute a mere power, but will always execute a trust. [Harding v.
Glynn, 2 Wh. & Tu. 3;36 ; Be Wcekes, (1897) 1 Ch. 289.) If, therefore, the person who has the power in the nature of a trust does not discharge the duty which the power imposes, the Court will discharge the duty in his place [Brown v. Higgs, 8 Ves. 661) ; and in doing so, the Court acts upon the principle that ...equality is equity, and divides the property equally, although the trustee, if he had chosen to exercise the power, might have used his discretion to give unequal shares. [Ibid. ; Willis v.
Kymer, 7 C. D. 181.) Equity never wants a Trustee. — If, therefore, a trustee dies or fails to execute a power in the nature of a trust, the Court will execute it ; for if a trust can by any possibility be executed by the Court, the non-execution by the trustee shall not prejudice the cestui que trust.
[Brown v.
What to read after Outlines of Equity : a Concise View of the Principles of Modern Equity?
You can find similar books in the "Read Also" column, or choose other free books by Williams, Sydney Edward, 1850- to read onlineMoreLess
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