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" such words may amount to a declaration of trust, when it appears, from other parts of the will, that the testator intended not to commit the estate to the devisee or legatee, or the ultimate disposal of it to his kindness, justice, or discretion. "
Montgomery County Law Reporter - Side 85
av Freeland Gotwalts Hobson, John Weiler Bickel, Abraham Hunsicker Hendricks, Albert Rosenberger Place, Nelson P. Fegley - 1904
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An Essay on Uses and Trusts: And on the Nature and Operation of ..., Volum 1

Francis Williams Sanders - 1855 - 622 sider
...and English rule on this subject is not ]»,rt of the common law of Pennsylvania ;" that " such words may amount to a declaration of trust, when it appears...devisee or legatee, or the ultimate disposal of it to hia kindness, justice or discretion." , and object fail, then the *trust must also fail, although the...
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Reports of Cases Argued and Determined in the Court of Chancery and ..., Volum 1

Thomas Nesbitt McCarter - 1865 - 616 sider
...facie sufficient to convert a devise Van Duyne v. Van Dnyne. or bequest into a trust ; that such words may amount to a declaration of trust when it appears...disposal of it to his kindness, justice, or discretion." This conclusion receives strong support from the emphatic language of Justice Story in regard to the...
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Albany Law Journal, Volum 34

1887 - 542 sider
...bequest into a trust was not part of the common law of Pennsylvania, they yet held thnt such words may amount to a declaration of trust when it appears from other parts of the will thnt the testator intended not to commit the estate to the devisee or legatee, or the ultimute disposition...
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THE PRINCIPLES OF EQUITY: A TREATISE ON THE SYSTEM OF JUSTICE ADMINISTERED ...

GEO. TUCKER BISPHAM - 1874 - 610 sider
...and English rule on this subject is not part of the common law of Pennsylvania;" and that "such words may amount to a declaration of trust, when it appears,...disposal of it to his kindness, justice, or discretion." The general English doctrine upon the subject was, however, recognized in the later case of Burt v....
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A Selection of Leading Cases in Equity: With Notes, Volum 2,Del 2

Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 sider
...parlance, and are not, prirnd facia, sufficient to convert a devise or bequest into a trust, but such words may amount to a declaration of trust, when it appears...other parts of the will that the testator intended uot to commit the estate to the devisee or legatee, or the ultimate disposal of it to his kindness,...
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The Atlantic Reporter, Volum 58

1904 - 1132 sider
...desire, recommendation, and confidence, may amount to a declaration of trust when it appears from the parts of the will that the testator intended not to...Justice, or discretion. Pennock's Estate, 20 Pa. 268, 59 Am. Dec. 718. The principle of this case has been uniformly followed in a long line of later ones...
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Atlantic Reporter, Volum 5

1886 - 944 sider
...bequest into a trust, was not part of the common law of Pennsylvania, they yet held that such words may amount to a declaration of trust when it appears...estate to the devisee or legatee, or the ultimate disposition of it to his kindness, justice, or discretion. The case of Ingram v. Fraley, 29 Ga. 553,...
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The Central Law Journal, Volum 23

1886 - 646 sider
...bequest into a trust, was not part of the common law of Pennsylvania, they yet held that such words may amount to a declaration of trust when it appears...estate to the devisee or legatee, or the ultimate disposition of it to his kindness, justice, or discretion. The case of Ingram v. Fraley, 29 Ga. 553....
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The American Decisions: Containing All the Cases of General Value ..., Volum 59

1886 - 880 sider
...Roman and English rule on this subject is not part of the common law of Pennsylvania. 2. Such words may amount to a declaration of trust, when it appears...commit the estate to the devisee or legatee, or the ulti mate disposal of it to his kindness, justice, or discretion. 3. By this will the absolute ownership...
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A Manual of the Law of Wills: As Determined by the Leading Courts of England ...

Charles Fisk Beach (Jr.) - 1888 - 650 sider
...that State,8 precatory words being construed by its courts to amount to a declaration of a trust, only when it appears from other parts of the will that the testator intended not to commit the ultimate disposal of the estate to the kindness, justice, or discretion of the devisee or legatee.9...
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