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New Jersey Equity Reports Volume 46

New Jersey Equity Reports Volume 46


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...be applied to the present controversy may, I take it, be formulated thus: That where the only thing intervening between an estate for life and a remainder to the life tenant's heirs is a power of appointment, coupled with an interest and vested in the life tenant, the latter may, as the donee of such power, extinguish it and unite in himself the two elements of an inheritable estate. The application of such a doctrine to the casein hand could result only from a misapprehension of the nature of the interests which the defendant took under the several instruments of trust. One of these instruments is _a mortgage, by the terms of which the income of a certain principal sum is to be paid to Miss Pillot during her natural life, and after her death to such persons as she may by will appoint; in default of which appointment, the principal is to go to her heirs per stirpes. It was probably the mortgagor's intention that the power of appointment by will should apply to the principal sum; indeed, he so recites in the mortgage, but in the habendum the clause appears to have only the eflect I have ascribed to it. ' The matter, however, is of no significance, for the reason that this being a settlement of personal property the rules applicable to inheritances do not apply. If the gift had been entirely unembarrassed by the power, so that it stood to Miss Pillot for life and at her death to her heirs, the heirs would still indicate not a limitation of an absolute ownership in her, but a class of persons who would ultimately take. Wms. Pers. Prop. 05. The other trust is contained in a deed of conveyance, by which Miss Pillot is given during life the income of the lands conveyed, with a power to appoint by will a conveyance after her...


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Product Details
  • ISBN-13: 9781230010991
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 234
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1230010998
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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