This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1837 edition. Excerpt: ...might have been justified upon the plea as it stood, for the trus-, 525 tee for this purpose would have the same right as if he had been admitted. The requisition of the cestui que trust, the lender, was properly a question belonging to another jurisdiction. The covenants embraced the possession and the fee from the execution of the deed; the trusts were to spring out of the interest thus secured to the trustee. They bind the trustee as trusts, but ought not, it should seem, to be held to operate as conditions qualifying at law the covenants of the surrenderor. the words, subsists after the death of all the trustees. 2. Where the power is authoriz-be appointed before the estate ed by articles. is sold. 8. How the power should be e: e-8. Where the trustee's discretion ercised inform. is controlled by equity. 4. Where the power, contrary to 9. Upon a bill filed, there will be inquiry. Provisions where trustee is lunatic, &c. Where equity will appoint new trustees. Whereunder 1 I/V.4, c. 60, s. 22. 14' Where in cases of charities. THE last power in settlements is usually that to appoint new trustees. This power generally expresses plainly the cases in which a new trustee is to be appointed, and it is seldom any difficulty arises either upon its construction or its execution. (1) See Holdfant v._Clapham, 1 Term Rep. 600. 2. In Lindow v. Fleetwood, (a) where a strict settlement was directed by a will, and that there should be inserted in it powers of leasing, sale, partition, and exchange, and that in such settlement should be inserted " all such other proper and reasonable powers as are usually inserted in settlements of the like nature," a power to appoint new trustees was held to be a proper and reasonable power. Some...