 | Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - 1848 - 340 Seiten
...of a class, and a particular intention in favour of individuals of a class to be selected by another person, and the particular intention fails, from that...arises, as stated by Lord Eldon in Brown v. Higgs (a), of the power being so given as to make it the duty of the donee to execute it; and, in such case,... | |
 | 1848 - 572 Seiten
...of a class, and a particular intention in favour of individuals of a class to be selected by another person, and the particular intention fails from that...effect the general intention in favour of the class" (1). There was no new rule introduced in that case, but the authorities were referred to to prove that... | |
 | Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - 1848 - 340 Seiten
...of a class, and a particular intention in favour of individuals of a class to be selected by another person, and the particular intention fails, from that...carry into effect the general intention in favour _of the class. When such an intention appears, the case arises, as stated by Lord Eldon in Brawn v.... | |
 | Thomas Jodrell Phillips, Great Britain. Court of Chancery - 1849 - 914 Seiten
...individuals of the class to be selected by another person, and the particular intention fails from the selection not being made, the Court will carry into...effect the general intention in favour of the class." This was no new exposition of the rule, as the authorities referred to in that case prove : but (a)... | |
 | Samuel Owen - 1850 - 416 Seiten
...particular intention in favor of individuals of that class, to be selected by the donee of the power, and the particular intention fails from that selection...court will carry into effect the general intention in favor of the class. In every such case the power is so given as to make it the duty of the donee to... | |
 | Great Britain. Court of Chancery - 1850 - 744 Seiten
...individuals of the class to be selected by another person, and the particular intention fails from the selection not being made, the court will carry into effect the general intention in favor of the class." This was no new exposition of the rule, as the authorities referred to in that... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 760 Seiten
...of a class, and a particular intention in favor of individuals of a class, to be selected by another person, and the particular intention fails, from that...Court will carry into effect the general intention in favor of the class. When' such an intention appears, the case arises, as stated by Lord Eldon, in Brown... | |
 | 1862 - 590 Seiten
...of a class, and a particular intention in favour of individuals of a class to be selected by another person, and the particular intention fails, from that...selection not being made, the Court will carry into eflect the general intention in favour of the class." The principal cases on the subject are collected... | |
 | Edmund Henry Turner Snell - 1872 - 640 Seiten
...inten- ried out, if tion in favour of individuals of a class to be selected ^f t jon fin?" by another person, and the particular intention fails, from that...effect the general intention in favour of the class." In Salisbury v. Denton^ a testator by will gave a fund to be at the disposal of his widow by her will,... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 816 Seiten
...Effect of a of the class to be selected by another person, and the particular intention fails from the selection not being made, the court will carry into effect the general inten- appoimtion in favor of the class. (n) Accordingly a gift to the where no testator's three sisters,... | |
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These and other cases shew that when there appears a general intention in favour of a class, and a particular intention in favour of individuals of a class to be selected by another person, and the particular intention fails, from that selection not being... 
