Book Description

Excerpt from A Treatise on Express Trusts and Powers: Under the New York Revised Statutes and the Real Property Law of 1896; With an Appendix Containing a Table Showing the Sources of the Sections Cited, and a Table of Comparative d104s of the Revised Statutes and the Real Property Law Trusts and powers, as they existed prior to the first of January, 1830, were on that date abolished in New York, with some exceptions, when certain statutory provisions, codifying the law of these subjects, went into effect. Since that time, the courts, in several thousand reported cases, have filled in the outlines laid down in the statutes, and developed a system of law harmonious and nearly complete. On October first, 1896, the Real Property Law (L. 1896, Ch. 547) went into effect. This, in turn, repealed the earlier statutes, with a few exceptions, re-enacted most of them, in a changed form, and added some new provisions. Eighty-seven sections relating particularly to express trusts and powers embody more than three hundred changes, of which the greater part are trivial, some evidently change the law, and others, apparently without design, seem, as a matter of grammatical construction, to overturn well-settled principles. The following pages include a consideration of these changes. Although our statutes have deprived the general treatises on trusts and powers of much of their value for local use, there has been hitherto no attempt to present a systematic and detailed statement of the law of New York in this field. In the preparation of this book much assistance has been derived from the valuable notes of Professor Ames in his "Cases on Trusts," and the well-known articles by the same writer in the Harvard Law Review, and also from the able treatise of Mr. Farwell on Powers. Attention is called to the fact that in addition to the index and the usual tables of cases and statutes cited, there are also a table showing the sources of the sections cited from the Real Property Law; a table of comparative texts, giving side by side the sections of the Revised Statutes and the corresponding sections of the Real Property Law relating to express trusts and powers; and a table of index topics. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.