 | New Jersey. Court of Chancery - 1882 - 638 sider
...Sophronia Doty, refer to her husband's will, but it is not necessary that under such a power of appointment the intention to execute the power should appear by...or recitals in the instrument — it is sufficient if the act shows that the donee had in view the subject of the power. 4 Kent's Com. 334, 333 ; &udg.... | |
 | New Jersey. Court of Chancery - 1884 - 736 sider
...intention to execute such a power, but it must appear from the will that the intention existed. It need not appear by express terms or recitals in the instrument; it is sufficient if the act shows that the donee had in view the subject of the power. The defendants' counsel argues... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1866 - 724 sider
...the circumstances, then that doubt will prevent it from being deemed an execution of the power. All the authorities agree that it is not necessary that the intention to execute the power should appear in express terms or recitals in the instrument. It is sufficient that it shall appear by words, acts... | |
 | Massachusetts. Supreme Judicial Court - 1872 - 676 sider
...purely a question of intention, and the intention is to be gathered from the whole instrument. All the authorities agree that it is not necessary that...appear by express terms or recitals in the instrument. I Pease c. Brown. is .sufficient that it shall appear by words, acts or deeds, demonstrating the intention.... | |
 | District of Columbia. Supreme Court (1863-1936), Arthur MacArthur - 1875 - 752 sider
..." that all -the anthorities agree that it is not necessary that the intention to execute the powers should appear by express terms or recitals in the...words, acts, or deeds demonstrating the intention." The only question, then, in the case at bar, is, did the executor intend to execute the power in the... | |
 | 1879 - 552 sider
...the circumstances, then that doubt will prevent it from being deemed an execution of the power. All the authorities agree that it is not necessary that...recitals in the instrument. It is sufficient that it should appear by words, acts or deeds demonstrating the intention.1' We find no case so like the one... | |
 | Thomas Jarman - 1880 - 980 sider
...all the circumstances, then that doubt will prevent from being deemed an execution of the power. All the authorities agree that it is not necessary that the intention to execute a ]X)wer should appear by express terras or recitals in the instrument. It is sufficient that it shall... | |
 | United States. Supreme Court - 1884 - 676 sider
...the circumstances, then that doubt will prevent it from being deemed an execution of the power. All the authorities agree that it is not necessary that...recitals in the instrument. It is sufficient that it should appear by words, acts, or deeds demonstrating the intention." * 5C The rule as adopted by this... | |
 | Isaac Grant Thompson - 1884 - 880 sider
...subject an exhaustive examination in the case of Blagge v. Miles, 1 Story, 427, and declared that "All the authorities agree that it is not necessary that...words, acts or deeds, demonstrating the intention." Cases in great numbers might be cited in support of this general doctrine, but there is no reason for... | |
 | 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 - 1884 - 682 sider
...subject an exhaustive examination in the case of Blayje v. Miles, 1 Story, 427, and declared that "All the authorities agree, that it is not necessary, that...words, acts or deeds, demonstrating the intention." Cases in great numbers might be cited in support of this general doctrine, but there is no reason for... | |
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All the authorities agree that it is not necessary that the intention to execute the power should appear by express terms or recitals in the instrument. It is sufficient that it shall appear by words, acts, or deeds demonstrating the intention. 
