We hold It to be clear that the Interest which can protect a power after the death of a person who creates it must be an interest in the thing itself. In other words, the power must be ingrafted on an estate in the thing. The words themselves would seem... Ohio Legal News - Seite 293herausgegeben von - 1894Vollansicht - Über dieses Buch
| Arkansas. Supreme Court - 1851 - 860 Seiten
...coupled with an interest ' Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is produced by...interest which can protect a power after the death of the person who creates it, must be an interest in the thing itself. In other words, the power must... | |
| 1854 - 822 Seiten
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| Joseph Chitty - 1855 - 1120 Seiten
...authority, see the reasoning of Marshall CJ, in Hunt ». Rousmanier, 8 Wheat. 174, where he says, " We hold it to be clear, that the interest, which can...creates it, must be an interest in the thing itself." " The interest or title in the thing, being vested in the person who gives the power, remains in him,... | |
| Robert D. Handy, John H. Handy - 1855 - 638 Seiten
...the sense in which those words are used. The meaning of those words is explained in several cases. " The interest which can protect a power after the death...creates it, must be an interest in the thing " itself," not " an interest in that which is to be produced by " the exercise of the power." (8 Wheat.) It "... | |
| Theophilus Parsons - 1857 - 936 Seiten
...creates it, must be an interest in the tiling itself 6n which the power is to be exercised, and not an interest in that which is produced by the exercise of the power. — In Smart B. Sandars, 5 CB 895, 917, Wilde, CJ» said that, " Where an agreement is entered into... | |
| Emory Washburn - 1864 - 912 Seiten
...coupled with an interest." " Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is produced by...power must be engrafted on an estate in the thing." After stating that a power to A to sell for his own benefit would not give him an interest, nor would... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 594 Seiten
...an interest ? " Is it an [ * 204 ] interest in the subject on which the power is to be * exercised, or is it an interest in that which is produced by...power after the death of a person who creates it, mast be an interest in the thing itself. In other words, the power must be engrafted on an estate in... | |
| Theophilus Parsons - 1866 - 818 Seiten
...fjivmc tho opinion of the court), that the interest which can protect a power, after the death of the person who creates it, must be an interest in the thing itself on which the power is to be exercised, and not an interest in that which is Î reduced by the exercise... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1869 - 624 Seiten
...coupled with an interest:" "Is it an interest in the subject on which the power is to be executed, or is it an interest in that which is produced by...be an interest in the thing itself. In other words, tho power must be engrafted on an estate in the thing." After stating that a power to A. to sell for... | |
| Charles W. Langdon - 1870 - 858 Seiten
...see the reasoning of Marshall, CJ, in Hunt vs. Rousmanieo (8 Wheat. 174), where he says: " We held it to be clear, that the interest which can protect...creates it, must be an interest in the thing itself." "The interest or title in the thing, being vested in the person who gives the power, remains in him,... | |
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