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 engrafted on an estate in the thing. The words themselves should... Handbook of the Law of Principal and Agent - Página 155por Francis Buchanan Tiffany - 1903 - 609 páginasVisualização integral - Acerca deste livro
| Arkansas. Supreme Court - 1851 - 860 páginas
...exercised, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear 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. In other words, the power must... | |
| Joseph Chitty - 1855 - 1120 páginas
...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 protect a power...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 páginas
...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 páginas
...definition. In Hunt v. Rousmanier, 8 Wheat. 201, it was held (Mars/mil, CJ, giving the 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 tiling itself 6n which the power is to be exercised,... | |
| Joseph Story - 1863 - 704 páginas
...exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear, that the interest, which can protect a power...power coupled with an interest,' is a power, which accomto levy a fine is executed, as a part of a security to a creditor, the power is irrevocable.1... | |
| Emory Washburn - 1864 - 912 páginas
...exercised, or is it an interest in that which is produced by the exercise of the power ?• We hold it to be clear, that the interest which can protect a power...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 páginas
...exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear that the interest which can protect a 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 páginas
...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 páginas
...executed, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear, that the interest which can protect a power...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 páginas
...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 a power...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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