 | New York (State) - Law - 1829 - 826 pages
...devi• tet in trait, to or mortgaged, where the trustees are not also empowered to receive bo dmmod the rents and profits, shall vest no estate in the...the testator, subject to the execution of the power. § 57. Where a trust is created to receive the rents and profits ofpro(it«of lands, and no valid direction... | |
 | James Kent - 1826-1830 - 1830 - 556 pages
...these distinctions, though they have not settled1 them in the clearest manner. They ftrrhrgi1* that " a devise of lands to executors, or other trustees,...devisees of the testator, subject to the execution of the power.1' If the construction of this section be, that a devise of the lands to executors to be sold,... | |
 | Jacob D. Wheeler - Common law - 1835 - 620 pages
...estate in the trustees; unless they are authorised to tor. receive the rents and profits; but the trusts shall be valid as a power; and the lands shall descend...testator, subject to th-e execution of the power." And the statute provides for "express trusts to be created to sell lands, for the benefit of creditors,... | |
 | Tennessee. Supreme Court, George Shall Yerger - Law reports, digests, etc - 1836 - 668 pages
...the power of the executor to ruin them. The late revision of the statutes of New York declares, "that a devise of lands to executors or other trustees,...testator, subject to the execution of the power." Thus a community equally intelligent with any in the Union, when legislating on the subject of the... | |
 | James Kent - Law - 1848 - 798 pages
...Heath, J., in Doe r. Barthrop, 5 Tauntnn, 385. ' New-Yorlt Reeised Statutes, vol. i. 729, ser. 56. profits, shall vest no estate in the trustees ; but...testator, subject to the execution of the power." If the construction of this section be, that a devise of the lands to executors to be sold, does not... | |
 | James Kent - Law - 1854 - 728 pages
...Hardwicke.in Gibson v. Mountfort, 1 Vaey, 491. Heath, J., in Doe v. Barthrop, 5 Taunton, 386. tees are not also empowered to receive the rents and profits,...testator, subject to the execution of the power." If the construction of this section.be, that a devise of the lands to executors to be sold, does not... | |
 | Michigan - 1857 - 1012 pages
...estate in the Trustees ; but the trust shall be valid as a power, and the lands shall descend to their heirs, or pass to the devisees of the testator, subject to the execution of the power. itd- (2643.) SEC. 13. When a trust is created to receive the in certainrents an(j profits of lands,... | |
 | Michigan, Thomas McIntyre Cooley - Law - 1857 - 998 pages
...estate in the Trustees ; but the trust shall be valid as a power, and the lands shall descend to their heirs, or pass to the devisees of the testator, subject to the execution of the power, to' c«"itd (2643.) SEC. 13. When a trust is created to receive the ta certain rentg and profits of... | |
 | James Kent - Law - 1858 - 778 pages
...they seem not to have settled them in the elearest manner. They deelare, (a) that " a devise of land to executors, or other trustees, to be sold or mortgaged,...testator, subject to the execution of the power." If the construction of this section be, that a devise of the lands to executors to be sold, does not... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...such a case, no estate is vested in the trustees. But the trust is valid as a power, and the lands descend to the heirs, or pass to the devisees of the testator, subject to the execution of the power. (1 RS 729, § 56.) The reason for this change of the law has been said to be, to take from the trustee... | |
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A devise of lands to executors or other trustees, to be sold or mortgaged, where the trustees are not also empowered to receive the rents and profits, shall vest no estate in the trustees ; but the trust shall be valid as a power, and the lands shall... 
