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Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 72 (Paperback) Loot Price: R526
Discovery Miles 5 260
Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 72 (Paperback): Anonymous

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 72 (Paperback)


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Loot Price R526 Discovery Miles 5 260

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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. 1914 edition. Excerpt: ...of attorney made a matter of record the power of disposition of the irrtcrests in the land of the persons who had exceilted them. Having power to dispose of these interests and his own as an heir, he executed this deed. declaring it to have been done for and on behalf of himself and the other heirs. The following legal propdsition asserted in Walker V. Moore, 95 Va. 729, is entirely sound and accurately applies in the construction of this deed: "Where a person who has a power of disposition over property and also owns an interest in it, executes an instrument by which he disposes of the property without expressly referring to the power, the instrument will be deemed to have been intended as a disposition-of his interest, and not as an exercise of the power, if the transfer of his interest will satisfy the terms of the instrument; but if he has no interest in the property, or though he has an interest in it, yet if the instrument conveys a larger interest than he owns, then, inasmuch as the instrument would not take effect at all iii the one case unless referred to the power, and would not be satisfied in the other by the transfer of his mere interest, it 'will be construed to be an execution of the power for the reason that it' is necessary to satisfy the terms of the instrument, and the apparent intention of the parties. It is only where the words of the instrument may be satisfied without an intention to execute the power that it is not to be deemed an execution thereof. The Subsequent acts and conduct of the donee of the power may also be looked to, for the purpose of showing that the donce regarded the instrument as an execution of the power conferred." The objection of uncertainty is untenable. The deed, read in...


Imprint: Rarebooksclub.com
Country of origin: United States
Release date: September 2013
First published: September 2013
Authors: Anonymous
Dimensions: 246 x 189 x 18mm (L x W x T)
Format: Paperback - Trade
Pages: 340
ISBN-13: 978-1-230-07118-3
Categories: Books
LSN: 1-230-07118-0
Barcode: 9781230071183

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