The Law of Corporate Executors and Trustees baixar o livro de graça

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. 1906 Excerpt: ...this word "trustee" in a statute would be held to include is discussed in the text above. (n) W. N. (1888) p. 238, North, J. (o) In Re Thompson's Settlement, (1905) 1 Ch. 229; 74 L. J. Ch. 134, counsel for the summons, George Lawrence, said: "It is true that in Brogden, in re, Billing v. Brogden, (1888), North, J., expressed an opinion that he had no power to appoint a limited company as trustee. That dictum, however, ought not to be heeded now that the law has been altered" (referring to the National Debt Act of 1892, and the Bodies Corporate (Joint Tenancy) Act, 1899), and Swinfen Eady, J., took this view. The power of appointment in the settlement in this case gave leave to appoint "a new trustee or new trustees in the place of the trustee or trustees so dying." the corporation itself. If, as the recent case of Re Thomp-"Trustee" n Tin At sect. 2i)- son's Settlement (p) shows, a corporation may be appointed Trustee Act, "trustee" under a power contained in the trust instru-j-J ment, the Court, it is submitted, must have an equally TTM8tees A?' ' i J 18gg, permits extensive power under sect. 25 of the Trustee Act, 1893, of the apor, it may be added, under sect. 1 (1) and (3) of the acorporation. Judicial Trustees Act, 1896, regard being had to the enabling words above quoted of those provisions. It may be, however, that the discretion which the Court may exercise as to appointing a particular person who is proposed as a new trustee, where his fitness for the office may be questioned on grounds apart from those of social position, pecuniary means, or the like (q), extends to the refusal to appoint a company on the ground of its unfitness for the office by reason of its immunity from certain liabilities...