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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 engrafted on an estate in the thing. The words themselves should... "
A Treatise on the Law of Principal and Agent: Chiefly with Reference to ... - Page 185
by William Paley - 1847 - 685 lehte
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Reports of Cases at Law and in Equity Argued and Determined in ..., 11. köide

Arkansas. Supreme Court - 1851 - 860 lehte
...subject on which the power is to be exercised, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear that...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...
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - 1120 lehte
...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,...
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Reports of Cases Argued and Adjudged in the Superior Court of ..., 1. köide

Robert D. Handy, John H. Handy - 1855 - 638 lehte
...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 "...
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The Law of Contracts, 1. köide

Theophilus Parsons - 1857 - 936 lehte
...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,...
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A Treatise on the American Law of Real Property, 2. köide

Emory Washburn - 1864 - 912 lehte
...subject on which the power is to be exercised, or is it an interest in that which is produced by the exercise of the power ?• We hold it to be clear,...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...
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Reports of Decisions in the Supreme Court of the United States ..., 5. köide

United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 594 lehte
...subject on which the power is to be * exercised, or is it an interest in that which is produced by the exercise of the power ? We hold it to be clear that...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...
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The Law of Contracts, 1. köide

Theophilus Parsons - 1866 - 818 lehte
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., 30. köide

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 lehte
...subject on which the power is to be executed, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear, that...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...
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - 1870 - 858 lehte
...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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American Leading Cases: Being Select Decisions of American Courts ..., 1. köide

John Innes Clark Hare - 1871 - 952 lehte
...subject on which the power is to be exercised, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear that...engrafted on an estate in the thing. The words themselves seem to import this meaning. "A power coupled with an interest," is a power which accompanies, or is...
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