 | New Jersey. Court of Chancery - Law reports, digests, etc - 1882 - 638 pages
...Sophronia Doty, refer to her husband's will, but it is not necessary that under such a power of appointment the intention to execute the power should appear by...or recitals in the instrument — it is sufficient if the act shows that the donee had in view the subject of the power. 4 Kent's Com. 334, 333 ; &udg.... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1884 - 736 pages
...intention to execute such a power, but it must appear from the will that the intention existed. It need not appear by express terms or recitals in the instrument; it is sufficient if the act shows that the donee had in view the subject of the power. The defendants' counsel argues... | |
 | 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 - 1866 - 724 pages
...the circumstances, then that doubt will prevent it from being deemed an execution of the power. All the authorities agree that it is not necessary that the intention to execute the power should appear in express terms or recitals in the instrument. It is sufficient that it shall appear by words, acts... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1872 - 676 pages
...purely a question of intention, and the intention is to be gathered from the whole instrument. All the authorities agree that it is not necessary that...appear by express terms or recitals in the instrument. I Pease c. Brown. is .sufficient that it shall appear by words, acts or deeds, demonstrating the intention.... | |
 | Law - 1879 - 552 pages
...the circumstances, then that doubt will prevent it from being deemed an execution of the power. All the authorities agree that it is not necessary that...recitals in the instrument. It is sufficient that it should appear by words, acts or deeds demonstrating the intention.1' We find no case so like the one... | |
 | Thomas Jarman - Wills - 1880 - 980 pages
...all the circumstances, then that doubt will prevent from being deemed an execution of the power. All the authorities agree that it is not necessary that the intention to execute a ]X)wer should appear by express terras or recitals in the instrument. It is sufficient that it shall... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 676 pages
...the circumstances, then that doubt will prevent it from being deemed an execution of the power. All the authorities agree that it is not necessary that...recitals in the instrument. It is sufficient that it should appear by words, acts, or deeds demonstrating the intention." * 5C The rule as adopted by this... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1884 - 880 pages
...subject an exhaustive examination in the case of Blagge v. Miles, 1 Story, 427, and declared that "All the authorities agree that it is not necessary that...words, acts or deeds, demonstrating the intention." Cases in great numbers might be cited in support of this general doctrine, but there is no reason for... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1884 - 682 pages
...subject an exhaustive examination in the case of Blayje v. Miles, 1 Story, 427, and declared that "All the authorities agree, that it is not necessary, that...words, acts or deeds, demonstrating the intention." Cases in great numbers might be cited in support of this general doctrine, but there is no reason for... | |
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All the authorities agree that it is not necessary that the intention to execute the power should appear by express terms or recitals in the instrument. It is sufficient that it shall appear by words, acts, or deeds demonstrating the intention. 
