A Treatise on the Principles and Practice of the High Court of Chancery, Vol. 2 of 2: Under the Following Heads, Common Law Jurisdiction of the ... of the Chancellor; Specially Delegate - Hardcover

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Excerpt from A Treatise on the Principles and Practice of the High Court of Chancery, Vol. 2 of 2: Under the Following Heads, Common Law Jurisdiction of the Chancellor; Equity Jurisdiction of the Chancellor; Statutory Jurisdiction of the Chancellor; Specially Delegated Jurisdiction of the Chancellor

Words, therefore, of desire, advice, and recommendation to an executor, are always deemed legatory, especially when ac companied with a devise expressly in trust; and convey a right or interest which may be maintained in a court of equity, even though the testator himself should forbid any suit or action to be brought for the performance of his will in that respect: The only cases in which such words are held not to be legatory,'is.

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