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II
Ch. Termination
(2) (2 § Distribution of Suits
5
Occurrences producing
demand for distribution
1 Death of the proprietor
2 Insanity of do
3 Latentcy of do
4 Insolvency at large of do
5 Insolvency by honest
Bankruptcy of do
Enactive. Instructional
Art. 5. Occurrences by which on the part of the proprietor the demand for need of distribution
is, or is capable of being produced are the following.
1. Insolvency on the part of proprietor at large
2. Insolvency in the case in which is termed bankruptcy
1. Death of the proprietor
2. Insanity — relative insanity in the part of the proprietor
3. Latentcy
4. Insolvency at large on the part of the proprietor
5. Insolvency on the part of the proprietor in the case in which it is
Normal Bankruptcy.
6
In the case of death efficient
cause of title to
demand for distribution
1 Testamentary disposition
of deceased
2 Where no such disposition
legislatorial regulations
Art. 6. In the case of the death of the proprietor the title of demand
for the distribution may have either of two official causes,
1. Testamentary disposition made by the deceased with the connivance of the legislator
2. Disposition made by the legislator in so far as such disposition has failed of having been made
by the deceased
7
In each such case distinguishable
services two. 1. the
initiative 2. the consummative
Art. 67. In each of these several cases the
two distinguishable services, the one succeeding the other are demanded
at the hands of the Judge: the one the initiator, the other the consummator
8
The initiative service
performed by giving to
some person or persons the
right of possession in trust
for the benefit of those to
whom the property is made
to pass. In this case the
legislator the trustor, the
person receiving possession
the trustee, those to whom
the property is to pass the intended
benefitees
Art 7. Of the initiative service the performance is made by
conferring on some person or persons, in so far as is requisite
for the purpose, the right and powers the same as were possessed
by the proprietor in question at the moment of its happy happiness
of the occurrence. The purpose of this transfer being the conferring
of the benefit in question on some person or persons other than
him or those in whose into whose possession the subject matters in question are
to be made to pass transferred + +☞ Not that the hands
to free being
of the number of the intended
benefitees. the consequence is that such person or persons
are in respect of the obligation on him or them imposed, a trustee or trustees: a
trust is created, in respect of which the legislator is trustee or say trust
founder, such non possessor or possessors trustee or trustees, all persons by
whom it is intended that parts of the aggregate subject matter
of distribution shall be removed, are intended benefitees.||
|| See Penal Code Part I Officers
collectively Ch. X Officer
assisting Trust
Identifier: | JB/052/456/001 "JB/" can not be assigned to a declared number type with value 52.
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jeremy bentham |
j whatman turkey mill 1826 |
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jonathan blenman |
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