The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 80Abraham Clark Freeman Bancroft-Whitney Company, 1901 |
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Page 90
... sell lands as the person named in the will as executor . WILLS - EQUITABLE CONVERSION OF LAND INTO MONEY . - IN CALIFORNIA , the fact that both the real and per- sonal estate of a testator is distributed as one fund raises no pre ...
... sell lands as the person named in the will as executor . WILLS - EQUITABLE CONVERSION OF LAND INTO MONEY . - IN CALIFORNIA , the fact that both the real and per- sonal estate of a testator is distributed as one fund raises no pre ...
Page 91
... sell , convey , or lease any of my estate for such prices and upon such terms he may think best , hereby request ... sell and convey real estate , an administrator with such will annexed , appointed to execute the same , shall have the ...
... sell , convey , or lease any of my estate for such prices and upon such terms he may think best , hereby request ... sell and convey real estate , an administrator with such will annexed , appointed to execute the same , shall have the ...
Page 92
... sell is conferred upon him . " The executor of this , my last will and testament , will , within two years after my decease , sell . " This circumstance has been deemed of importance , as indicating that power was conferred upon the ...
... sell is conferred upon him . " The executor of this , my last will and testament , will , within two years after my decease , sell . " This circumstance has been deemed of importance , as indicating that power was conferred upon the ...
Page 93
... sell would have been mandatory and not left in the discretion of his executor to sell or lease . 3. And this brings us to the most obvious difference between the case in 32 California and the case in hand . There the sale was mandatory ...
... sell would have been mandatory and not left in the discretion of his executor to sell or lease . 3. And this brings us to the most obvious difference between the case in 32 California and the case in hand . There the sale was mandatory ...
Page 94
... sell , or the devise is that they shall sell , the power is not in them as executors , but as trustees , and they may execute the power whether they qualify or not . Many American cases are cited to the same effect , and this was ...
... sell , or the devise is that they shall sell , the power is not in them as executors , but as trustees , and they may execute the power whether they qualify or not . Many American cases are cited to the same effect , and this was ...
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Common terms and phrases
action administrator adverse possession agent alleged amended annexed appellant appellee attorney authority bank board of health cause charge cited claim complainant conferred constitution contract corporation counsel court court of equity damages debt declared deed defendant defendant's demurrer dollars duty equity evidence execution executor exercise fact filed Frederic Bartlett funds grant grantor held husband injury intended Iowa judgment jurisdiction jury land legislature liable lien limits ment monographic note mortgage N. J. Eq N. Y. Supp negligence nuisance ordinance owner party payment person plaintiff plaintiff in error possession power of sale purchase purpose question reason register of deeds rule rule against perpetuities sell smallpox statute statute of limitations suit sureties Terre Haute testator thereof tion trial trust vaccination valid verdict void wife
Popular passages
Page 280 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 533 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 651 - This police power of the state extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the state.
Page 206 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 761 - Neither the credit nor the money of the state shall be given or loaned to or in aid of any association, corporation or private undertaking. This section shall not, however, prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper.
Page 135 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts.
Page 183 - To do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease.
Page 387 - What is this but declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color?
Page 769 - Whatever is notice enough to excite attention and put the party on his guard and call for inquiry, is notice of everything to which such inquiry might have led. When a person has sufficient information to lead him to a fact, he shall be deemed conversant of it.
Page 724 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.