Bailey v. Hoppin
Supreme Court of Rhode Island
Bill IN Equity for instructions. The facts involved are stated in the opinion of the court. The law favors the vesting of estates, and when a gift is made to a person. in esse, it passes to the legatee as a vested estate, immediately in case of a deed, and immediately on the death of the testator-in case of a will, and if there be a prior gift determinable upon-an event certain to take place, and there be a gift over after such determination, the last gift will vest with the…
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Bill IN Equity for instructions. The facts involved are stated in the opinion of the court. The law favors the vesting of estates, and when a gift is made to a person. in esse, it passes to the legatee as a vested estate, immediately in case of a deed, and immediately on the death of the testator-in case of a will, and if there be a prior gift determinable upon-an event certain to take place, and there be a gift over after such determination, the last gift will vest with the first, and it will be held that the enjoyment of the gift is postponed, but not the gift itself. Staples Pearce,…
1Opinion of the CourtDukeee, C. J.
This is a bill for instructions. It shows that on the 13th of March, 1862, Tristam Bur-ges conveyed certain land in East Providence,' and pew No. 84 in St. John’s Church, in the city of Providence, to Charles S. Bradley, his heirs and assigns, in trust, and that in 1863, the said Charles S. Bradley having resigned' as trustee, William M. Bailey, the complainant, was appointed trustee in his stead. The deed empowers the trustee to sell or mortgage the property or change the investment, and generally to dispose of the property as he shall deem best, but in trust, nevertheless, after paying…
2Cases cited7 opinions
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Nolle v. ThompsonCourt of Appeals of Kentucky · 1860
- Blake v. TuckerSupreme Court of Vermont · 1840
- Jackson ex dem. Thurman v. BradfordNew York Supreme Court · 1830
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