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" ... been intrusted. Necessity, which includes the regular course of business in administering the property, will in equity exonerate the personal representative. But if, without such necessity, he be instrumental in giving to the person failing possession... "
The Public Trustee Act, 1906: With Introduction and Notes by F.G ... - Page 70
redigeeritud poolt - 1908 - 177 lehte
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The Ecclesiastical Law, 4. köide

Richard Burn - 1842 - 846 lehte
...by the fluctuations of that fund (d) ; but he is for the fluctuations of any unauthorized fund (e) ; so, when the loss arises from the dishonesty or failure...the regular course of business in administering the prog;rty, will, in equity, exonerate the personal representative, ut if, without such necessity, he...
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The Law Times, 7. köide

1846 - 700 lehte
...the Messrs. Wakefleld. " Necessity," Lord Cottenham observes, " which includes the regular course oT business, in administering the property, will, In...representative ; but if, without such necessity, he was instrumental in giving to the person failing possession of any part of the property, he will be...
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Reports of Cases Decided in the High Court of Chancery ...: With Notes and ...

Great Britain. Court of Chancery - 1843 - 986 lehte
...not liable, upon a proper investment in fund ; Hancom v. Aliened) Howe v. Earl of Dartmouth.(e)[2] So, when the loss arises from the dishonesty or failure of any one to whom tw possession of part of the estate has been entrusted. Necessity, which includes the regular course...
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A Practical Treatise on the Law Relating to Trustees: Their ..., 646. köide

James Hill - 1845 - 704 lehte
...find a secure investment of that nature (/). It was said by Lord Cottenham in a recent case (g), that when the loss arises from the dishonesty or failure...administering the property, will in equity exonerate the trustee (g). But where a trustee places money in the hands of a banker, he must But trust take care...
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Reports of Cases in the Law of Real Property & Conveyancing, 2. köide

1848 - 646 lehte
...administratrix, had not been associated. The LORD CHANCELLOR.— He says, " Necessity, which includes a regular course of business in administering the property,...in equity, exonerate the personal representative." Bethell. — Lord Cottenham, with his habitual caution, confines this to the case of an executor. It...
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Reports of Cases in the Law of Real Property & Conveyancing, 2. köide

1848 - 656 lehte
...administratrix, had not been associated. The LORD CHANCELLOR.— He says, "Necessity, which includes a regular course of business in administering the property,...in equity, exonerate the personal representative." Bethell. — Lord Cottenham, with his habitual caution, confines this to the case of an executor. It...
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A Selection of Leading Cases in Equity: With Notes, 3. köide

Frederick Thomas White, Owen Davies Tudor - 1859 - 760 lehte
...any unauthorized fund : Hancom v. Allen, (2 Dick. 498;) Howe v. Earl of Dartmouth, (7 Ves. 137-150.) So, when the loss arises from the dishonesty or failure...whom the possession of part of the estate has been intrusted. Necessity, which includes the regular course of business in administering the property,...
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Commentaries on Equity Jurisprudence: As Administered in England ..., 2. köide

Joseph Story - 1870 - 914 lehte
...dishonesty or failure of any one, to whom the possession of part of the estate has been intrusted. Necessity, which includes the regular course of business...necessity, he be instrumental in giving to the person failiug possession of any part of the property, he will be liable, although the person possessing it...
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A Treatise on the Law of Executors and Administrators, 3. köide

Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 916 lehte
...by the fluctuations of that fund, (t) but he is for the fluctuations of any unauthorized fund, (w) So when the loss arises from the dishonesty or failure...whom the possession of part of the estate has been intrusted. Necessity, which ineludes the regular course of business in administering the property,...
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Commentaries on Equity Jurisprudence: As Administered in England ..., 2. köide

Joseph Story - 1877 - 908 lehte
...Kq. 228 ; Robinson c. Robinson, 9 id. 69; Roby e. Ridehalgh, 31 id. 459; Bate v. Hooper, 35 id. 160.] So, when the loss arises from the dishonesty or failure...one, to whom the possession of part of the estate lias been intrusted, necessity, which includes the regular course of business in administering the...
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