A Practical Treatise of Powers

Cover A Practical Treatise of Powers
A Practical Treatise of Powers
Edward Burtenshaw Sugden
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(/) See and consider Campbell v.
(e) Shannon v. Bradstreet, 1 Rep. Leach, Ambl. 740, App. No. 7.
Temp. Rcdesdale, 52 ; and see {g) Wilson v. Piggot, 2 Ves. Jun.
Mortlock-y. Buller, lOVes. Jun. 351.
392 J and see Coventry w. Coven- (A) Carter v. Carter, Mose. 365 ; try. Max. Eq. Per Sir Joseph and see Fortescue v. Gregor, 5 Jekyll, Ves. Jun. 553.
equitable DEFECTIVE EXECUTIONS OF POWERS, 287 equitable execution of the power, although he died without doing any further act(/). This case evinces th
...at the branch of equity on which it depended is not confined within very narrow bounds. And whatever solemnities are required to the execution of the power, yet a sale of the funds, and payment of the produce to the object of the power, at the request of the donee, is in equity tantamount to a valid legal appointmeist (k).
But to enable equity to relieve there must, as in the case of a regular execution (l), be a sufficient reference to the fund to shew the party's intention to execute the power, or the party must be in possession of no other fund upon which the covenant can operate (m).


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