This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...make a title (c). 2. In Hewett v. Hewett (d), a testator devised his estate to four persons to uses in strict settlement, with a power to the tenants for life, when in actual possession, to cut such trees as the four devisees to uses, or the survivors or survivor of them (omitting the words "and the heirs of the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...make a title (c). 2. In Hewett v. Hewett (d), a testator devised his estate to four persons to uses in strict settlement, with a power to the tenants for life, when in actual possession, to cut such trees as the four devisees to uses, or the survivors or survivor of them (omitting the words "and the heirs of the survivor") should direct; and all the trustees being dead, the question was whether the power was gone. Lord Henley held, that, upon the construction of the will, the testator intended the power to be co-extensive with the life-estates, and that the trustees were interposed as supervisors only to prevent destruction; and that the office of the trustees was not personal, but such as might be executed by the Court. He, therefore, considered the power as subsisting, and referred it to the Master to enquire what timber was fit to be cut. The Court, therefore, did not regard the authority to the trustees as a mere power, but as a trust. 3. Where a discretionary legal power is expressly limited to "A. and his assigns," the grantee or devisee of A., and even a claimant under him by operation of law as an heir or executor, may exercise the power (e); but in a trust, if an estate be vested in a trustee upon trust that he, his heirs, executors, administrators or assigns shall sell, &c, the introduction of the word assigns will not authorise the trustee to assign the estate to a stranger (/), nor, if the assignment be made, will the stranger be capable of exercising the power (g). 4. In a mortgage, with a power of sale limited to the mortgagee, his heirs, executors, administrators, and assigns, the intention is that the power should go along with, and be annexed (o) Hall v. Dewes, Jac. 193; and (-) How v. WhitfiM, 1 Veut. 33S, see ...
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