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A Practical Introduction to Conveyancing; Containing the Substance of Two Courses of Lectures Delivered Before the Incorporated Law Scociety in 1869

A Practical Introduction to Conveyancing; Containing the Substance of Two Courses of Lectures Delivered Before the Incorporated Law Scociety in 1869


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871. Excerpt: ... CHAPTER XI. SETTLEMENTS. Some of the clauses which till lately were always As to ininserted in a settlement, such as the " maintenance" J and "investment" clauses in settlements of per-which are also given sonalty, and the "power of sale" in settlements of by statute, realty, are now sometimes omitted, in reliance on recent Acts of Parliament, which vest in the trustees of a settlement powers similar to those intended to be given to them by such clauses. The expediency of omitting them is a moot point in the profession. In the author's opinion they should always be retained where the thing authorized to be done does not require the employment of a solicitor, and they may be omitted in safety where the contrary is the case. It must be remembered that generally one at least among the trustees of a settlement is a man of business habits, competent to read and understand such a clause as the maintenance clause. If, then, the necessity for maintenance arises, and the clause is in the settlement, no necessity for taking professional advice will arise; on the other hand, if it be omitted, the prudent trustee who is not a lawyer will insist on acting under the advice of a solicitor, and expense will thus be incurred. On the other hand, if the question be whether a new trustee can be appointed or not, even supposing that the clause is inserted, it will be necessary to employ a solicitor for the purpose of preparing the appointment; and very little extra expense will be caused by making inquiries from him whether it is possible to make the appointment. The author considers it proper to add that this distinction between the clauses of the two classes does not seem to be generally received in the profession, the ordinary rule being to insert all the clauses as to whi...


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Product Details
  • ISBN-13: 9781150532337
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 110
  • Spine Width: 6 mm
  • Width: 189 mm
  • ISBN-10: 1150532335
  • Publisher Date: 06 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 213 gr


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A Practical Introduction to Conveyancing; Containing the Substance of Two Courses of Lectures Delivered Before the Incorporated Law Scociety in 1869
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