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" 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... "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Страница 414
по Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Herschel Bouton Lazell, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, James M. Reasoner, Richard W. Cooper - 1907
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Том 11

Arkansas. Supreme Court - 1851 - 860 страници
...by the expression "a power 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...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...

A Treatise on the Law of Principal and Agent: Chiefly with Reference to ...

William Paley - 1847 - 732 страници
...by the expression ' a power coupled with an interest T Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is mortis against the executor, it was said by Lord Loughproduced by tho exercise of the power ? We hold...

A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - 1120 страници
...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,...

Reports of Cases Argued and Adjudged in the Superior Court of ..., Том 1

Robert D. Handy, John H. Handy - 1855 - 638 страници
...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 "...

The Law of Contracts, Том 1

Theophilus Parsons - 1857 - 936 страници
...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...

Reports of Decisions in the Supreme Court of the United States: With ..., Том 5

United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 594 страници
...expression, " a power coupled with an interest ? " Is it an [ * 204 ] interest in the subject on which the power is to be * exercised, or is it an interest in...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...

The Law of Contracts, Том 1

Theophilus Parsons - 1866 - 818 страници
...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...

Reports of Cases Argued and Determined in the Supreme Court of ..., Том 30

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 страници
...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...

Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 страници
...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,...

Reports of Cases Heard and Determined by the Supreme Court of South ..., Том 104

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1916 - 634 страници
...that the donee have an interest in the subject matter of the power; the fact that the donee may hare an interest in that which is produced by the exercise of the power does not render it a power coupled with an interest:" 22 A. & E. Ency. L. 1093, and note 3; 27 SC 309;...




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