 We hold It to be clear that the Interest which can protect a power after the death of a person who creates it must be an interest in the thing itself. In other words, the power must be ingrafted on an estate in the thing. The words themselves would seem...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 414by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Herschel Bouton Lazell, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, James M. Reasoner, Richard W. Cooper - 1907Full view - About this book
 | Arkansas. Supreme Court - Law reports, digests, etc - 1851 - 860 pages
...by the expression "a power coupled with an interest." Is it an interest in the subject on which the power is to be exercised, or is it an interest in...interest which can protect a power after the death of the person who creates it, must be an interest in the thing itself. In other words, the power must... | |
 | William Paley - Agency (Law) - 1847 - 732 pages
...by the expression ' a power coupled with an interest T Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is mortis against the executor, it was said by Lord Loughproduced by tho exercise of the power ? We hold... | |
 | Joseph Chitty - Contracts - 1855 - 1120 pages
...authority, see the reasoning of Marshall CJ, in Hunt ». Rousmanier, 8 Wheat. 174, where he says, " We hold it to be clear, that the interest, which can...creates it, must be an interest in the thing itself." " The interest or title in the thing, being vested in the person who gives the power, remains in him,... | |
 | Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 638 pages
...the sense in which those words are used. The meaning of those words is explained in several cases. " The interest which can protect a power after the death...creates it, must be an interest in the thing " itself," not " an interest in that which is to be produced by " the exercise of the power." (8 Wheat.) It "... | |
 | Theophilus Parsons - Contracts - 1857 - 936 pages
...creates it, must be an interest in the tiling itself 6n which the power is to be exercised, and not an interest in that which is produced by the exercise of the power. — In Smart B. Sandars, 5 CB 895, 917, Wilde, CJ» said that, " Where an agreement is entered into... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 594 pages
...expression, " a power coupled with an interest ? " Is it an [ * 204 ] interest in the subject on which the power is to be * exercised, or is it an interest in...power after the death of a person who creates it, mast be an interest in the thing itself. In other words, the power must be engrafted on an estate in... | |
 | Theophilus Parsons - Consideration (Law) - 1866 - 818 pages
...fjivmc tho opinion of the court), that the interest which can protect a power, after the death of the person who creates it, must be an interest in the thing itself on which the power is to be exercised, and not an interest in that which is Î reduced by the exercise... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1869 - 624 pages
...coupled with an interest:" "Is it an interest in the subject on which the power is to be executed, or is it an interest in that which is produced by...be an interest in the thing itself. In other words, tho power must be engrafted on an estate in the thing." After stating that a power to A. to sell for... | |
 | Charles W. Langdon - Constables - 1870 - 858 pages
...see the reasoning of Marshall, CJ, in Hunt vs. Rousmanieo (8 Wheat. 174), where he says: " We held it to be clear, that the interest which can protect...creates it, must be an interest in the thing itself." "The interest or title in the thing, being vested in the person who gives the power, remains in him,... | |
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