Principles of Conveyancing Designed for the Use of Students With An Introduc
Principles of Conveyancing Designed for the Use of Students With An Introduc
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370. Heatleyv. Thomas, 15 Ves. 596), unless the deed be in its nature testamentary. Ha- hergham v. Vince7it, 2 Ves. Jun. 231. But a power to appoint by ' any writing, ' or * any instrument, ' may be exercised by deed or will {Roscommon v. Foioke, 6 Bro. P. C.
272 OF POWERS.
If the power be simply to designate a person, or the like, it should not be clogged with many ceremonies; but if collusion or influence be feared, it would be proper to throw certain ceremonies in the way, as to require thre...e or four witnesses *' not being menial servants'' or the like. * 158) ; so, where the power is general, without any mode being prescribed. Ex parte Williarns, Jac. ^' Walk. 93.
[By the 27th sect, of the stat. 1 Vict. C. 26, it is enacted, that a general devise of the real estate of the testator, or of real estate of the testator in any place, or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will ; and, in like manner, a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
What to read after Principles of Conveyancing Designed for the Use of Students With An Introduc?
You can find similar books in the "Read Also" column, or choose other free books by Charles Watkins to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
370. Heatleyv. Thomas, 15 Ves. 596), unless the deed be in its nature testamentary. Ha- hergham v. Vince7it, 2 Ves. Jun. 231. But a power to appoint by ' any writing, ' or * any instrument, ' may be exercised by deed or will {Roscommon v. Foioke, 6 Bro. P. C.
272 OF POWERS.
If the power be simply to designate a person, or the like, it should not be clogged with many ceremonies; but if collusion or influence be feared, it would be proper to throw certain ceremonies in the way, as to require thre...e or four witnesses *' not being menial servants'' or the like. * 158) ; so, where the power is general, without any mode being prescribed. Ex parte Williarns, Jac. ^' Walk. 93.
[By the 27th sect, of the stat. 1 Vict. C. 26, it is enacted, that a general devise of the real estate of the testator, or of real estate of the testator in any place, or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will ; and, in like manner, a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
What to read after Principles of Conveyancing Designed for the Use of Students With An Introduc?
You can find similar books in the "Read Also" column, or choose other free books by Charles Watkins to read onlineMoreLess
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