 | New Jersey. Court of Chancery - 1892 - 734 páginas
...and quality of the trust, that, if the person who has that duty imposed upon him does not discharge it, the court will, to a certain extent, discharge the duty in his room and place. * * * If the power is a power, which it is the duty of the party to execute, made his duty by the requisition... | |
 | 1865 - 798 páginas
...and qualities of a trust, that if the person who has that duty imposed upon him does not discharge it, the Court will to a certain extent discharge the duty in his room and place;" and then he refers to several cases. Now, to apply those observations to the present case, I will assume... | |
 | Thomas Lewin - 1837 - 874 páginas
...nature and qualities of a trust, that if the person who has the duty imposed upon him does not discharge it, the Court will to a certain extent discharge the duty in his room and place (e)." Again, powers have been dealt with by the Court as either of a strict or of a directory character... | |
 | Francis Vesey, Great Britain. Court of Chancery - 1844 - 498 páginas
...qualities of a trust (1), that if the person, who has that duty imposed upon him, does not discharge it, the Court will, to a certain extent, discharge the duty in his room and place. Upon that principle the case of Harding v. Glyn (2) proceeded. But that case cannot be got rid of by... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 760 páginas
...and qualities of s trust, that if the person who has that duty imposed upon him does not discharge it, the Court will, to a certain extent, discharge the duty in his room f*8061 and p^ace- Upon that *principle, the case of Harding v. Glyn, (1 Atk. 469,) proceeded ; that... | |
 | Mercer Beasley - 1860 - 634 páginas
...the law has conferred on both. But it partakes so much of the nature and qualities of a trust that the court will, to a certain extent, discharge the duty in his room and place, by compelling the other administrator, in a proper case, to join in the conveyance. Rev. Laws of Illinois... | |
 | 1865 - 538 páginas
...and qualities of a trust, that if the person who has that duty imposed upon him does not discharge it, the Court will, to a certain extent, discharge the duty in his room and place. " Applying Lord Eldon's remarks to tho present case, his Honour thought, that if the trustee had not... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1866 - 732 páginas
...and qualities of a trust, that if the person who has that duty imposed upon him does not discharge it, the Court will, to a certain extent, discharge the duty in his room and place." To apply this to the present case, I assume that the trustees had not disclaimed the trusts imposed... | |
 | Henry Edward Wallace - 1875 - 676 páginas
...and qualities of a trust, that if the person who has that duty imposed upon him does not discharge it, the court will, to a certain extent, discharge the duty in his room and place. Brown vs. Higgs, 8 Vesey, Jr., 569. The power given to the executor in this case was in the nature... | |
 | GEO. TUCKER BISPHAM - 1874 - 610 páginas
...and qualities of a trust, that if the person who has that duty imposed upon him does not discharge it, the court will to a certain extent discharge the duty in his own room and place."5 This rule has been followed both in England and in the United States.5 If the... | |
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Court a power, which the party to whom it is given is entrusted and required to execute; and with regard to that species of power the Court considers it as partaking so much of the nature and qualities of a trust, that if the person who has that duty... 
