The Trustee Act, 1893, And Other Recent Statutes Relating to Trustees : With Notes
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and Sm. 230).
The'question whether the personal representatives of a last trustee are themselves trustees will sometimes arise. In so far as the property or the power of dealing with the pro- perty is vested in them, they are, of course, constructive trustees.
Whether they are the trustees of the instrument for all pur- poses depends on the language of the instrument (see Underbill, Law of Trusts, 5th edit., pp. 288, 289). It would appear that only if the instrument mentions the heirs or person...al repre- sentatives of the trustees generally, or of the last surviving 56 Trustee Act, 1893.
Sect. 10. trustee, will the personal representatives be trustees for all purposes. Mortimer v. Ireland, 11 Jur. 721 ; re Osborne and Bowlett, 13 CD. 774 ; re Morton and Eallett, 15 CD. 143 ; re Cunningham and Frayling (1891) 2 Ch. 567; re Pixton and Tong's Contract (1897) W.K 178 ; 46 W.R. 187 ; Ingl^y and Norwich Union Insurance Co., 13 L.E. Ir. 326 ; and cf. section 38 (2) of Settled Land Act, 1882, set out p.
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To quickly assess the difficulty of the text, read a short excerpt:
and Sm. 230).
The'question whether the personal representatives of a last trustee are themselves trustees will sometimes arise. In so far as the property or the power of dealing with the pro- perty is vested in them, they are, of course, constructive trustees.
Whether they are the trustees of the instrument for all pur- poses depends on the language of the instrument (see Underbill, Law of Trusts, 5th edit., pp. 288, 289). It would appear that only if the instrument mentions the heirs or person...al repre- sentatives of the trustees generally, or of the last surviving 56 Trustee Act, 1893.
Sect. 10. trustee, will the personal representatives be trustees for all purposes. Mortimer v. Ireland, 11 Jur. 721 ; re Osborne and Bowlett, 13 CD. 774 ; re Morton and Eallett, 15 CD. 143 ; re Cunningham and Frayling (1891) 2 Ch. 567; re Pixton and Tong's Contract (1897) W.K 178 ; 46 W.R. 187 ; Ingl^y and Norwich Union Insurance Co., 13 L.E. Ir. 326 ; and cf. section 38 (2) of Settled Land Act, 1882, set out p.
What to read after The Trustee Act, 1893, And Other Recent Statutes Relating to Trustees : With Notes?
You can find similar books in the "Read Also" column, or choose other free books by Champernowne, Francis Gawayne, 1866- to read onlineMoreLess
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