Publisher's Synopsis
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. 1888 edition. Excerpt: ...(k) Wilton v. William, 3 Jur. N. (o) Sect. 11. S. 810. (p) See A.-G. v. Simcox, 1 Ex. (/) 3 & 4 "Will. TV. c. 105, which 749; and see A.-G. v. Metcalfe, 6 affects only women married after Ex. 43; and A.-G. v. Mangles, 5 January 1st, 1834 (s. 14), and does M. & W. 120. not affect freebench. (q) Ade.-G. v. Smith, 1 Macq. 760. (in) Sects. 2 to 10; see sect. 11. And see the authorities collected and (n) Smith v. Adams, 6 D. M. & G. discussed in Hanson, pp. 20 and 212. 712; but see Spyer v. Hyatt, 20 B. Chap. VII. will contain a power of interim investment in the funds or Sect. 7. r-on mortgage, and the parties elect to take the property as money (r). And, on the other hand, an ahsolute trust for sale, although not acted on, lets in the duty (): the test of liability being the equitable nature of the property at the time of the death. It has been held, that where a will contains a discretionary power of sale, and a sale is made by the Court, the question of liability depends upon whether the Court acted by directing the trustees to exercise their discretionary power, or sold under its own general jurisdiction (/); the duty not attaching in the latter case: but, as we have seen (it), the present doctrine is, that a mere discretionary power, although acted on, does not let in the claim to duty. Succession By the Succession Duty Act (x), the duty imposed by the duty-js niade a first charge on the property; and every person in whom the same is vested by alienation or other derivative title at the time of the succession (y) becoming an interest in possession, is personally accountable to the Crown for the duty payable in respect of such succession (s): but every receipt and certificate, purporting to be in discharge of the...
