 | Edmund Hatch Bennett, Chauncey Smith - 1858 - 680 páginas
...It is most important to •observe, that vagueness in the object will unquestionably furnish reasons for holding that no trust was intended ; yet this...;" and the very expression of confidence that Miss Penny would make a good use, and dispose of the property in a manner in accordance with the testatrix's... | |
 | 1852 - 1094 páginas
...holding that no trust was intended ; yet this may be countervailed by other considerations which shew that a trust was intended, while at the same time...the case with the present bequest. I agree with the Vice Chancellor in interpreting " views and wishes" to mean "designs and desires" ; and the very expression... | |
 | 1852 - 584 páginas
...while, at the same tim?, such trust is not sufficiently certain and definite to be valid and effectual. It is not necessary to exclude the legatee from a beneficial interest, that there should he a valid or effectual trust, it is only necessary that it should clearly appear that a trust was... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 760 páginas
...was intended, yet this may be countervailed by other considerations *which show that a trust r*on,n was intended, while at the same time such trust is...it should clearly appear that a trust was intended. Thus, in Briggs v. Penny, 3 Mac. & G. 546, the testatrix after giving among other legacies a sum of... | |
 | 1887 - 542 páginas
...countervailed by other considerations which show that a trust was intended, while at the same lime such trust is not sufficiently certain and definite...it should clearly appear that a trust was intended. * * * Once establish that a trust was intended, and the legatee cannot take beneficially. If a testator... | |
 | Edmund Henry Turner Snell - 1872 - 640 páginas
...and definite to be valid and effectual ; and it is not necessary to exclude the legatee from taking a beneficial interest that there should be a valid...it should clearly appear that a trust was intended. Thus, in Briggs v. Penny* the testatrix, after giving, among other legacies, a sum of £3000 to Briggt... | |
 | Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 páginas
...holding that no trust was intended, yet this may be countervailed by other considerations which shew that a trust was intended, while at the same time...it should clearly appear that a trust was intended. Thus, in Briygg v. Penny, 3 Mac. & G. 546, the testatrix, after giving, among other legacies, a sum... | |
 | Edmund Henry Turner Snell - 1882 - 940 páginas
...next of km. rcj i. it is not necessary, in order to exclude the legatee or/ devisee from taking the beneficial interest, that there/ should be a valid...it should clearly appear that a trust was intended! Briggsv. Therefore where, in Briggs v. Penny (/), the testatrix, nny' after giving, among other legacies,... | |
 | 1886 - 646 páginas
...too vague or indefinite to be enforced." And then, in reference to this third condition, he says : '•It is most important to observe that vagueness...it should clearly appear that a trust was intended. * » * Once establish that a trust was intended, and the legatee cannot take beneficially. If a testator... | |
 | 1886 - 944 páginas
...be too vague or indefinite to be enforced." And then, in reference to this third condition, he says: "It is most important to observe that vagueness in...it should clearly appear that a trust was intended. * * * Once establish that a trust was intended, and the legatee cannot take beneficially. If a testator... | |
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And then, in reference to this third condition, he says : '•It is most important to observe that vagueness in the object will unquestionably furnish reason for holding that no trust was intended ; yet this may be countervailed by other considerations... 
