 | William Paley - Agency (Law) - 1847 - 732 pages
...because they may derive a personal benefit from the devise ; for a trust will survive though no way beneficial to the trustee. It is the possession of...exercised, that makes the interest in question. And when an executor, guardian or other trustee, is invested with the rents and profits of lands, for sale,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1907 - 798 pages
...the statement of the author. It is said in Peter v. Beverly, supra : 408 144 MICHIGAN REPORTS. [July "It is the possession of the legal estate, or a right...be exercised, that makes the interest in question. " Chancellor Kent said in Bergen v. Bennett, 1 Caine's Cas. (NY) 1, 15: " A power simply collateral... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1853 - 500 pages
...survive, though v. aergen and another v. Jiennct,j •' because they may derive a In E?.^6.' C< "' no way beneficial to the trustee; it is the possession of...exercised, that makes the interest in question ; and when an executor, guardian, or other trustee, is invested with ihe rents and profits of land, for sale,... | |
 | James Kent - Law - 1858 - 778 pages
...Interest subsisting in the trustee, bnt a power is coupletl with an interest, when the trustees have possession of the legal estate, or a right in the subject, over which the power Is to be exercised. Gray v. Lynch, 8 Gill, 403. 3 Williams ». Otey, 8 Humph. R. 568, attorney, when personal trust and... | |
 | Emory Washburn - Real property - 1864 - 912 pages
...coupled with an interest where the trustees have a right to the possession of the legal estate, or have a right in the subject over which the power is to be executed.1 18. It is a rule of universal application, that where there is a trust, a court of equity... | |
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 852 pages
...personal interest in the trust; it is the possession of the legal estate, or a right virtute officii in .the subject over which the power is to be exercised, that .makes an interest, which, when coupled with the power, the tatter survives. A trust, therefore, will survive... | |
 | United States. Supreme Court - Courts - 1870 - 840 pages
...personal interest in the trust; it is the possession of the legal estate, or a right virlule officii in the subject over which the power is to be exercised, that makes an interest, which, when coupled with the power, the latter survives. A trust, therefore, will survive... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1872 - 676 pages
...coupled with an interest, where the trustees have a right to the possession of the legal estate, or have a right in the subject over which the power is to be executed." 2 Washb. Real Prop. (3d ed.) 473. The executors in the case before us appear to stand in... | |
 | Abraham Clark Freeman - Joint tenancy - 1874 - 730 pages
...because they may derive a personal benefit from the devise. For a trust will survive though no way beneficial to the trustee. It is the possession of...exercised, that makes the interest in question. And when an executor, guardian, or other trustee, is invested with the rents and profits of land, for the... | |
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It is the possession of the legal estate, or a right in the subject over which the power is to be exercised, that makes the interest in question. 
