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. 1873 edition. Excerpt: ... otherwise directed in the will;" and it is not to be supposed that the statute meant to compel all sales by executors under a power to be in the city of New York, by auction, though the will should give other directions. (6) It was adjudged in 4 Elizabeth, that if the testator by will directs that after the ...
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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. 1873 edition. Excerpt: ... otherwise directed in the will;" and it is not to be supposed that the statute meant to compel all sales by executors under a power to be in the city of New York, by auction, though the will should give other directions. (6) It was adjudged in 4 Elizabeth, that if the testator by will directs that after the death of his son, his executors should sell his land by the advice of A. and B., and A. dieth in the life of the son, a sale afterwards by the executors w uld not be second the certificate, shall be signed by the party whose consent is required, and be duly proved or acknowledged. When the instrument conveys an estate, or creates a charge, whiuh. the grantee of the power would have no right to convey or create, unless by virtue of the power, it shall be deemed a valid execution of the power, although the power be not cited or referred to. Lands embraced in a power to devise shall pass by a will purporting to convey all the real estate of the testator, unless a contrary intent appears expressly or by necessary implication, (c) It is the general rule, that a power cannot be exercised before the time in which it was the intention of the grantor of the power that it should be exercised. This was 334 a principle assumed by Lord Coke; (a) and in Coxe v. Day, (hi) it was adjudged, that where a power of leasing was given to B., to be exercised after the death of A., it could not be exercised during the life of A. Another rule is, that powers of revocation, and appointment and sale, need not be executed to the full extent of them at once; they may be exercised at different times over different parts of the estate, or over the whole estate, if not to the whole extent of the power, (c) Nor does an appointment by way of mortgage exhaust a power of...
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