 A declaration of trust or other instrument providing for the holding of property by trustees for the benefit of the owners of assignable certificates representing the beneficial interest in the property may create a trust or it may create a partnership....  The Law of Unincorporated Associations and Business Trusts - Side 46av Sydney Russell Wrightington - 1923 - 658 siderUten tilgangsbegrensning - Om denne boken
 | Eugene Allen Gilmore - 1908 - 832 sider
...whether a declaration of trust of the character now under discussion creates a trust or a partnership "depends upon the way in which the trustees are to...the certificate holders, it is a partnership.'' That test seems to have been recognized as a correct test in all of the decisions of that state and also... | |
 | Eugene Allen Gilmore - 1908 - 834 sider
...whether a declaration of trust of the character now under discussion creates a trust or a partnership "depends upon the way in which the trustees are to...the certificate holders, it is a partnership." That test seems to have been recognized as a correct test in all of the decisions of that state and also... | |
 | Scott Rowley - 1916 - 968 sider
...Corp., 3 Frost v. Thompson, 219 Mass. 360, § 11. 106 NE 1009. tees for the benefit of the owners or assignable certificates representing the beneficial...of the certificate holders, it is a partnership." The reasoning in this case was based on an earlier decision,4 in which the subject was treated at length,... | |
 | 1920 - 1800 sider
...beneficial interest in the property may create a trust or it may create a partnership. Whether it is one or the other depends upon the way in which the...control of the certificate holders, it is a partnership. . . . Tested by the principles there [referring to Williams v. Milton (Mass.) supra] laid down, the... | |
 | Floyd Russell Mechem - 1920 - 552 sider
...the way in which the trustees are to conduct the affairs committed to their charge. If they are to act as principals and are free from the control of...of the certificate holders, it is a partnership." The differences between the partnership and the trust are 8 See Decker v. Howell (1872), gan (1919),... | |
 | 1921 - 776 sider
...within question, but the general rules of trust law sustain Mr. Kales. 16. "If they (the trustees) act as principals and are free from the control of...certificate holders, a trust is created, but if they arc subicct to tbe control of the certificate holders it is a partnership"; Frost v. Thompson, 219... | |
 | Scott Rowley - 1927 - 800 sider
...trustees. That conclusion follows from an examination of the nature of the Buena Vista Fruit Company. A declaration of trust or other instrument providing...explained at length in Williams v. Milton, 215 Mass. 1, 102 NE 355. Tested by the principles there laid down, the Buena Vista Fruit Company is a partnership... | |
 | 1922 - 498 sider
...against them individually on the theory that the business was a partnership business. (14) 106 NE 1009. The court said : "A declaration of trust or other...That was explained at length in Williams v. Milton, 102 n. E. 355. "Tested by the principles there laid down, this organization is a partnership and not... | |
 | Kentucky State Bar Association - 1922 - 268 sider
...trustees for the benefit of the owners of assignable certificates, representing the beneficial interests in the property, may create a trust, or it may create...created; but if they are subject to the control of certificate holders, it is a partnership." In that case the Court was called upon to determine the... | |
 | 1923 - 894 sider
...decree sought against them individually on the theory that the business was a partnership business. The court said: "A declaration of trust or other instrument...That was explained at length in Williams v. Milton, 102 NE 355"Tested by the principles there laid clown, this organization is a partnership and not a... | |
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