Notes to the Revised Statutes of the State of Mississippi
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Notes to the Revised Statutes of the State of Mississippi

Notes to the Revised Statutes of the State of Mississippi


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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. 1836 edition. Excerpt: ... at law the power is held to be well executed, if any share, however trifiing, is allotted to each. A difI"erent rule, however, was established in equity. It was there decided, that each person was entitled to a substantial share; and that a distribution allotting a nominal sum to one or more of the objects of the trust, was illusory and void. " In the meanwhile," (we copy the observations of Mr. I'umphreys, ) " the question soon arose, what was a " substantial share? It was, however, more readily raised " than answered, .and finding the principle untenable, or at "least the rule impracticable, but deeming it too late to "abandon an established doctrine, courts of equity have " remeasured their steps; and having decided on one occa" sion, that a 190th share was unsubstantial, the actual rule " appears to be that any gift short of that proportion (in one "case 122d part) is not illusory." (Humphreys on real property, p. 96.) The propriety of this equitable interference was strongly questioned on one occasion by Sir Villiam Grant, then master of the rolls, who remarked in strong terms, that he found it impossible to understand how the question, whether the power was well or ill executed, could receive different determinations in different courts. (Butcher-0. Butcher, 9 Vez. jun. 382.) It is believed, that all the difiiculties on this subject are avoided, and the intent of the party creating the power fulfilled, by making the discretion of the trustee extend to a selection of the objects, as well as to the amount of the shares; in other words, by giving him directly the power, which indirectly he may now exercise. ARTICLE IV. It is not believed that any notes are...


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Product Details
  • ISBN-13: 9781234228705
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 30
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 123422870X
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 73 gr


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