The Law of Trusts And Trustees As Administered in England And America Embracin
The Law of Trusts And Trustees As Administered in England And America Embracin
Joel Tiffany
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1 Sim. R. , 534; see Story's Eq. , sec. 1069, and notes and authorities; also Hill on Trustees, p. 72, and authorities; Williams v. Williams, 1 Sim. N. S. , 358; Webb v. Woolls, 2 Sim. N. S. , 267; Pope V. Pope, 10 Sim. R. , 1. ■^ Bull V. Vardy, 1 Ves. Jr. , 270; Young v. Martin, 2 Young & Coll. Ch. , 582, 590; Brunson v. Hunter's Adm. , 2 Hill's Ch. , 490; Knott v. Cottee, 2 Phill. , 192; Thompson v. McKissick, 3 Humph. , 631; Ellis v. Ellis, 'l5 Alab. , 296; Skrine v. Walker, 3 Rich. Eq. , 26...2; Pinnock's Estate, 20 Penn. St. , 268; 1 Am. Law Reg. , 342; Gilbert t'. Chapin, 19 Conn. , 351; Harper v. Phelps, 21 Conn. , 257. ' Young V. Martin, 2 Y. &. Coll. Ch. , 582. 15 226 TRUSTS RAISED BY PRECATORY WORDS tered, ^ or that the property was to be at his sole and entire disposal, and the like, ^ no trust would be in- ferred however strong might be the language of recommendation or desire merely. It sometimes happens that language accompany- ing gifts and bequests, clearly indicates that a trust was intended ; but owing to the indefinite manner of setting forth the subject of the trust, it cannot take effect; and so the donee holds, discharged of the trust.^ Thus, where a testator bequeathed to his wife all the residue of his personal estate, not doubting but that she will dispose of Avhat shall be left at her death to our two grandchildren.
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