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A Treatise On the Law of Trusts And Trustees

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^ Post, § 438; Fortescue v. Barnett, 3 Myl. & K. 36.
' Bank of Wellsborough v. Baake^ 71 Fa. St. 218; Arnold v. Macangie Bank, 71 Fa. St. 287 ; Twitehell v. Dmiy, 25 Mich. 393; Campan v. Gam- pan, Id. 127.
328 CHAP. VIII.] POWERS THAT ARE TRUSTS. [§ 248.
CHAPTER VIII.
TRUSTS THAT ARISE BY CONSTRUCTION PROM POWERS.
§ 248. The natnre of powers that imply a trust.
§ 249. Court will execute such powers as trusts.
§§ 250, 251. Instances oi powers which the court will execute as trusts.
§ 252. Instan
...ces of powers that are not trusts.
§ 253. Where the power is too uncertain.
§ 254. The power must be executed as given, or it will remain a trust to be exe- cuted by the court.
§§ 255, 256. In what manner the court will execute a trust arising out of a power.
§ 257. Whether courts will distribute per stirpes or per capita.
§ 25S. And whether to those living at the death of donor or of the donee.
§ 248. Property is sometimes given to a person with a power to dispose of it for a particular purpose, or to a par- ticular class of persons, or to certain persons to be selected or designated by the donee from a particular class.


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