 | Great Britain. Court of Chancery, John Herman Merivale - 1817 - 1360 σελίδες
...be firmly established, upon the authority of precedents too numerous to be mentioned, that, although in carrying into execution a bequest to an individual, the mode in which the legacy is to take effect must bt of the substance of the legacy, yet, where the testator has sufficiently denoted that charity... | |
 | United States. Supreme Court - 1819 - 816 σελίδες
...their own use, it would have been gone forever,) yet it will be enforced in equity.J Again ; although in carrying into execution a bequest to an individual, the mode, in which the legacy is to take effect, must be of the substance of the legacy ; yet where the legacy is to charity, the Court will consider... | |
 | Joseph Story - 1870 - 914 σελίδες
...legacy is to take effect, is deemed to be of the substance of the legacy ; yet, where the legacy is to a charity, the Court of Chancery will consider charity as the substance ; and in such cases, and in such cases only, if the mode pointed out fail, it will provide another mode, by which the charity... | |
 | Joseph Story - 1886 - 962 σελίδες
...mode in which the legacy is to take effect is deemed to be of the substance of the legacy, yet where the legacy is to charity, the Court of Chancery will...consider charity as the substance ; and in such cases, and in such cases only, if the 1 2 Roper on Legacies, by White, ch. 19, § 5, pp. 164 to 222. 2 Mills... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1893 - 710 σελίδες
...estate to charitable uses. VOL. 44.] Crerar v. Williams. In Heuser v. Harris the court held that if the legacy is to charity, the court of chancery will...substance, and in such cases, if the mode pointed out fails, it will provide another mode by which the charity may take effect, and that ' another principle... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1897 - 718 σελίδες
...need have. 2 Pomeroy Eq. Jur., 1019 to 1025; Perry on Trusts, 720; Dodge v. Williams, 46 Wis. 70. " In carrying into execution a bequest to an individual,...charity as the substance, and in such cases, if the mode fail, it will provide another mode by which the charity may take effect." Heuser v. Harris, 42 Ill.... | |
 | M. E. Dunlap (Counsellor at law) - 1905 - 620 σελίδες
...regard to the fact of the existence of a trustee capable of holding the legal estate. (Sec. 115 Id.) In carrying into execution a bequest to an individual,...effect is deemed to be of the substance of the legacy ; yet where the legacy is to a charity, the court will consider charity as the substance; ami in such... | |
 | 1909 - 1274 σελίδες
...Pifield v. Van Wyck, 64 Am. St Rep. 760. In carrying Into effect a legacy to an individual, the mode is deemed to be of the substance of the legacy ; but, when the legacy is to charity, the court considers the charity as the substance, and, if the mode prescribed shall fall, -will provide another... | |
 | James Mitchell Ellis Garrow - 1919 - 468 σελίδες
...be firmly established, upon the authority of precedents too numerous to be mentioned, that, although in carrying into execution a bequest to an individual, the mode in which the legacy is to take effect must be of the substance of the legacy, yet where the' testator has sufficiently denoted that charity... | |
 | Carl Zollmann - 1924 - 700 σελίδες
...those which direct the mode of its administration."6 This distinction is peculiar to charitable trusts. "In carrying into execution a bequest to an individual,...the court of chancery will consider charity as the substance."7 The distinction is akin to that between substance and its incidents, on the one hand,... | |
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Again, although In carrying Into execution a bequest to an individual, the mode In which the legacy is to take effect must be of the substance of the legacy, yet, where the... 
