All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trusts, or by his last will in writing, or else... The Northeastern Reporter - Page 2651912Full view - About this book
| Illinois. Supreme Court - Law reports, digests, etc - 1847 - 736 pages
...from setting up a trust, express or implied. 1. There was no express trust. All express trusts must be manifested and proved by some writing, signed by the party who is enabled to declare such trust, or they shall be utterly void and of no effect. Gale's Stat. 316, §... | |
| Michael Thompson - Law - 1863 - 472 pages
...to be charged therewith, or some other person thereuuto by him lawfully authorized. Ib., sec. 4. 9. All declarations or creations of trusts or confidences,...by the party who is by law enabled to declare such trusts, or by his last will in writing, or else they shall be utterly void and of none effect. 2b.,... | |
| Causten Browne - Statute of frauds - 1863 - 616 pages
...DECLARATIONS OF TRUSTS, AS AFFECTED BY THE 7TH, 8TH, AND 9TII SECTIONS OF THE STATUTE OF FRAUDS. SECTION 7. All declarations or creations of trusts or confidences,...and proved by some writing signed by the party who if by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly... | |
| Victoria. Supreme Court, Alfred Wyatt, George H. F. Webb - Law reports, digests, etc - 1863 - 1142 pages
...• enacted, " That all declarations or creations of trusts and " confidences of any lands," &c., " shall be manifested " and proved by some writing signed...the party who " is by law enabled to declare such trusts," &c. Now, by numerous cases, a distinction has been judicially established between the 7th... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 1548 pages
...giving remedies in equity. By the former statute and section, " all declarations or creations of trust or confidences of any lands, tenements or hereditaments,...manifested and proved by some writing signed by the early who is by law enabled to declare such Ml trust, or by his last will in writing, or else they... | |
| Thomas Nesbitt McCarter - Equity - 1865 - 616 pages
...for. By the statute of frauds, declarations or creations of trusts or confidences of any lands must be manifested and proved by some writing signed by...declare such trust, or by his last will in writing, or they shall be utterly void ancl of no effect. A grantee cannot set up for his own protection under... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 1222 pages
...jurisprudence. By St. 1783, c. 37, § 3,3 it was enacted, that all grants and assignments, as well as all declarations or creations of trusts or confidences...writing signed by the party, who is by law enabled to grant, assign, or to declare such trust, or by his last will in writing, except such trusts or confidences... | |
| Lucius Quintius Cincinnatus Elmer, New Jersey - Court rules - 1868 - 1198 pages
...their agent or agents, thereunto lawfully authorized by writing, or by act and operation of law. 11. All declarations or creations of trusts or confidences...proved by some writing, signed by the party, who is or shall be by law enabled to declare such trust, or by his or her last will in writing, or else they... | |
| New Jersey. Court of Chancery - Equity - 1868 - 630 pages
...statute of frauds, which enacts that " all declarations of trust or confidences of any lands, tenement, or hereditaments, shall be manifested and proved by some writing, signed by the party who is, or shall be, by law enabled to declare such trust, or by his or her last will in writing, or else they... | |
| Great Britain. Court of Chancery, Charles Beavan - Equity - 1869 - 614 pages
...held in trust, the declaration of trust, required by the 7th section of the Statute of Frauds to be signed " by the party who is, by law, enabled to declare such trust," must be signed by the beneficial owner, and not by the trustee who has the legal estate. Tierney v.... | |
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