Lawyers' Reports Annotated Volume 18
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Lawyers' Reports Annotated Volume 18

Lawyers' Reports Annotated Volume 18


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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. 1893 Excerpt: ...this.state and in the various states of the Union, whatever their form, were intended to operate within and promote the welfare of the people of each particular state, and it was not contemplated that they should have ariy extraterritorial effect. It is not a matter of any pub1 ic concern whatever to this state whether the personal property of a person domiciled here shall pass to his heirs or next of kin in a foreign county, or to trustees in trust for charity residing there, or even to a foreign corporation for purposes of charity. Yaiixant v. Roberto, 3 Md. 119. Our law with respect to the creation of trusts, the suspension of the power of alienation of real estate and the absolute ownership of personal, was designed only to regulate the holding of property under our laws and in our state, and a trust intended to take effect in another state, or in a foreign country, would not seem to be within either its letter or spirit. When a citizen of this state, or a person domiciled here, makes a gift of per soual estate to foreign trustees for the purpose of a foreign charity, our courts will not interpose our local laws with respect to trusts and accumulations to arrest the disposition made by the owner of his property but will inquire as to two things: First, whether all the forms and requisites necessary to constitute a valid testamentary instrument, under our law, have been complied with; and, second, whether the foreign trustees are competent to take the gift, for the purposes expressed, and to administer the trust under the law of the country where the gift was to take effect; or, as Judge Rapallo stated the rule with respect to gifts to charity generally, the inquiry is "whether the grantor or devisor of a fund designed for charity is competent to gi...


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Product Details
  • ISBN-13: 9781231283073
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 886
  • Spine Width: 44 mm
  • Width: 189 mm
  • ISBN-10: 1231283076
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1551 gr

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