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Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey Volume 6; 1863-1876 (Paperback) Loot Price: R574
Discovery Miles 5 740
Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors...

Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey Volume 6; 1863-1876 (Paperback)

New Jersey. Court of Chancery

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Loot Price R574 Discovery Miles 5 740

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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.1870 Excerpt: ... Thomson's Executors v. Norris. II. This power is not valid, on the general principles applying to bequests generally, and it will fail, unless brought within the requirements of some favored class of bequestsIt is void for uncertainty in its objects. Generally, where the terms of a trust are such that the objects of it cannot be surely fixed by the court, it will fail for uncertainty. 2 Story's Eq. Jur., 979, 1183; Fowler v. Garlike, 1 Buss. Myl. 232; Ommancy v. Butcher, Turn. t$ Buss. 260-71; Stubbs v. Sargon, 2 Keen-9:65; Baptist Association v. Hart's Ex'rs, 4 Wheat. 1, 33, 43. The power is void, also, as in conflict with the law against perpetuities. Generally any trust is void which ties up property to a single purpose, or in a single line, so that its disposable and distributable nature is destroyed, for a longer than the reasonable period fixed by law. Lewis on Perpetuities, 169, 688, 708; Owens v. Miss. Soc., 4 Kern. 380; HUlyard v. Miller, 10 Barr 326. The single extraordinary exception to the operation of these two general principles, which are established on the highest grounds of public policy, is in favor of "charities." It follows that this provision cannot stand, except as an extraordinary exception. But no use is a "charitable use," except it be technically such, according to the rules established on this subject. No provisions are within the exception in favor of charities, and therefore valid, "except such as are for the purposes enumerated in the statute of 43 Elizabeth, or are within its spirit and intendment." They must be within the specific enumeration of objects in the statute to entitle them to be upheld. 2 Story's Eq. Jur., 1155, 1158, 1164; Brown v. Yeall, 7 Ves. 50; Kendall v. Granger, 5 Beav. 301; Willi...

General

Imprint: General Books LLC
Country of origin: United States
Release date: February 2012
First published: February 2012
Authors: New Jersey. Court of Chancery
Dimensions: 246 x 189 x 11mm (L x W x T)
Format: Paperback - Trade
Pages: 212
ISBN-13: 978-1-150-59067-2
Categories: Books
LSN: 1-150-59067-X
Barcode: 9781150590672

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