 | James Kent - 1826-1830 - 1830 - 556 pages
...inferred. Ajvill need not contain express evidence of an intention to execuie ~a power. "~~lf the will be. made without any reference to the power, it operates...provided it cannot have operation without the power. The inten^mu^tbgjg^clear that no other reasonable intent can be imputed to the wilLc In construing... | |
 | James Kent - Law - 1848 - 798 pages
...inferred. A will need not contain express evidence of an intention to execute a power. If the will be made without any reference to the power, it operates...provided it cannot have operation without the power. The intent must be so clear that no other reasonable intent can be imputed to the will; and if the... | |
 | James Kent - Law - 1866 - 786 pages
...282. ferred. A will need not contain express evidence of an intention to execute a power. If the will be made without any reference to the power, it operates as an appointment under the power, proTided it cannot have operation without the power. The intent must l^e so clear that no other reasonable... | |
 | Joel Prentiss Bishop - Women - 1875 - 796 pages
...yet the intent to execute the power must in sontc way appear.4 " If," said Chancellor Kent, " a will be made without any reference to the power, it operates...virtue of the power, and some part of the will would be otherwise inoperative, and no other intention than that of executing the power can properly be imputed... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1883 - 820 pages
...considered. In Braddish v. Gills (3 Johns. Ch. 522), Chancellor KENT said : " The rule is that if a will be made without any reference to the power it operates...have operation without the power. If the act can be good-in no other way than by virtue of the power, and some part of the will would otherwise be inoperative,... | |
 | Law reports, digests, etc - 1917 - 1170 pages
...lays down the rule, which may be found In almost all of the cases on this topic, that: "If the will be made without any reference to the power, it operates...provided it cannot have operation without the power. The intent must be so clear that no other reasonable intent can be imputed to the will ; and if the... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1888 - 1110 pages
...Chancellor Kent, "need not contain express evidence of an intention to execute a power. If the will be made without any reference to the power, it operates...provided it cannot have operation without the power." 4 Kent's Comm. 334. See also 1 Sudg. on Pow. 382; 2 Min. Inst. (3d ed.), marg. p. 742, This being so,... | |
 | Ohio. Courts - Law reports, digests, etc - 1898 - 622 pages
...power, and the intention to execute the power became clear and manifest.' 4 Kent, 334. " If the will be made without any reference to the power, it operates...provided it cannot have operation without the power. "The intent must be so clear that no other reasonable intent can be imputed to the will ; and if the... | |
 | Law reports, digests, etc - 1922 - 1260 pages
...power, and the intention to execute the power became clear and manifest.' 4 Kent, Com. 334. 'If the will be made without any reference to the power, it operates...provided it cannot have operation without the power. The intent must be so clear that no other reasonable intent can be imputed to the will ; and if the... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1874 - 770 pages
...authority." Dunn ij1 Nowell v. Roake, 6 Bingh. 475, 478 ; Doe $ Caldecott v. Johnson, 7 M. & G. 1047, 1059. "If the act can be good in no other way than by virtue...other intention than that of executing the power can be properly imputed to the testator, the act, or will, shall be deemed an execution of the power, though... | |
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If the will be made without any reference to the power, it operates as an appointment under the power, provided it cannot have operation without the power. 