JB/078/111/001

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1826. Octr 13
Review of Humphreys
(2.)
Ch. Agenda?
Preliminary Enactments.
Art 5. Trusts.
22

A cloud though of less density still presents
itself as left hanging over the subject: to uses
and trusts taken as it were in pairs, rather
too much of reality ascribed: as if ward use were a representation a use
were in its own nature a sort of a thing
distinguishable from a trust: True it is
that such is the appearance given to it by the
predatory and fraudulent fancies of old Lawyers
and through them of old statutes: but
in all this there is not so much of reality
and in a phantasmagoric exhibition

The simple state of the case is this —
In every case in which power is conferred
the act, by which it is conferred has some end in
view, and that end is — benefit to some person
or persons, — say in a word some party — assignable or unassignable: not even
does the case of the most tyrannical power
constitute an exception: call this party the intended
benefitee: this intended benefitee may be
either the party on whom the power is conferred,
or some other party, or both together, joined in respect
of interest into one. In so far as the party
for whose benefit it is intended is the party on
whom it is conferred, the power may be termed
self-serving: in so far as it is another party,
fiduciary: a trust power, or in one word a
trust. Now between these two cases there is no
medium: the power in the conferring of which
the word use is employed — The party for whose
benefit the power is meant to be exercised, for the
conferring of which the word use is employed, is or is
not a party, by whom the benefit for the exercise of
it is designed to be reaped: if yes, the power is in
so far a self serving power: if no, it is not, but a trust.
trust.

Identifier: | JB/078/111/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-10-13	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	111	Info in main headings field	Review of Humphreys
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2
Penner		Watermarks	J WHATMAN TURKEY MILL 1826
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	25202
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