 | New York (State) - Law - 1829 - 826 pages
...trustees. § 126. Lands embraced in a power to devise, shall pass by a will Power to 111 fi , devise, how purporting to convey all the real property of the testator, unless the "Muted °y intent that the will shall not operate as an execution of the power, shall appear, expressly... | |
 | James Kent - Law - 1848 - 798 pages
...106. Lee's case, SP Dyer, 219, pL 8. SP power be not cited or referred to. Lands embraced in ;s power to devise, shall pass by a will purporting to convey all the real estate of the testator, unless a contrary intent appears expressly or by necessary implication.* It... | |
 | Michigan, Thomas McIntyre Cooley - Law - 1857 - 998 pages
...manner as conveyance* by owners or Trustees. Paw to d«»iw, (2710.) SEC. 53. Lands embraced in a power to devise, shall pass by a will, purporting to convey...shall appear expressly, or by necessary implication. £*£!" rtnnc*' (2711.) SEC. 54. Every estate or interest given by a parent m°Dti' to a descendant... | |
 | Michigan - 1857 - 1012 pages
...manner as conveyances by owners or Trustees. Power to devise, (2710.) SEC. 53. Lands embraced in a power to devise, shall pass by a will, purporting to convey...shall appear expressly, or by necessary implication. £rtbea advance" (2711.) SEC. 54. Every estate or interest given by a parent """""• to a descendant... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 710 pages
...personal to her daughter Louisa. By the revised statutes (1 RS 737, § 126,) " lands embraced in a power to devise shall pass by a will purporting to convey...execution of the power shall appear, expressly or by implication." This clause was introduced to put an end to the uncertainties previously existing whether... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...the same manner as conveyances by owners or trustees. (Id. 125.) Lands embraced in a power to devise pass by a will purporting to convey all the real property...shall appear expressly, or by necessary implication. (Id. 126. Botler v. DePeyster, 25 Barb. 539. Jackson v. Delancy, 13 John. 537.) A power is subject... | |
 | New York (State) - Law - 1863 - 1036 pages
...and equity, in the same manner as conveyances by owners or trustees. g 126. Lands embraced in a power to devise, shall pass by a will purporting to convey all the real property of the testa- exwutedby tor, unless the intent that the will shall not operate as an wi™8 of execution of... | |
 | Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1882 - 656 pages
...by the terms of the will of Henry Mott. The Revised Statutes provide that "lands embraced in a power to devise shall pass by a will purporting to convey...shall appear, expressly or by necessary implication " (2 R. 8. [6th ed.], 1118, sec. 126.) By reference to the will of Esther W. Mott, it will be seen... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1883 - 820 pages
...provision, therefore, of such statutes(1 RS 737, § 126), declaring that lauds embraced in a power to devise shall pass by a will purporting to convey all the testator's real estate " unless the intent that the will shall not operate as an execution of the power... | |
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Lands embraced in a power to devise, shall pass by a will purporting to convey all the real property of the testator, unless the intent that the will shall not operate as an execution of the power, shall appear, expressly or by necessary implication. 
