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<head>1826. Oct<hi rend="superscript">r</hi> 13 K<lb/> | |||
Review of Humphreys<lb/> | |||
(1.)<lb/> | |||
<unclear>§. Agenda?</unclear><lb/> | |||
Preliminary Enactments<lb/> | |||
Art 5. Trusts<lb/> | |||
22</head> | |||
<p>This distinction between what he calls active<lb/> | |||
and passive trusts clears away a dark<lb/> | |||
cloud: various are the contrasted denominations<lb/> | |||
by which the two species might be characterized:—<lb/> | |||
operative and inoperative — real or actual and fictitious:<lb/> | |||
natural and technical: real and sham.<lb/> | |||
The misfortune is that with the disadvantages<lb/> | |||
of imaginary<add>ness</add>, they add those of reality. Purely imaginary<lb/> | |||
with strict propriety they might be <unclear>stiled</unclear><lb/> | |||
if in consequence of them nothing is to be done,<lb/> | |||
but the misfortune is that though to all good<lb/> | |||
purposes they are non-existent, to <del>all good</del><lb/> | |||
one purpose and that a very mischievous one<lb/> | |||
they are existent. To the person named Trustee,<lb/> | |||
no discretion, no power of acting or refusing to act —<lb/> | |||
no power of doing good in any shape is interested,<lb/> | |||
but unless he takes an apparent part in the business,<lb/> | |||
and sign his or their names to a deed,<lb/> | |||
whatever benefit is intended is either altogether<lb/> | |||
lost, or for an indefinite length of time delayed.<lb/> | |||
</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1826. Octr 13 K
Review of Humphreys
(1.)
§. Agenda?
Preliminary Enactments
Art 5. Trusts
22
This distinction between what he calls active
and passive trusts clears away a dark
cloud: various are the contrasted denominations
by which the two species might be characterized:—
operative and inoperative — real or actual and fictitious:
natural and technical: real and sham.
The misfortune is that with the disadvantages
of imaginaryness, they add those of reality. Purely imaginary
with strict propriety they might be stiled
if in consequence of them nothing is to be done,
but the misfortune is that though to all good
purposes they are non-existent, to all good
one purpose and that a very mischievous one
they are existent. To the person named Trustee,
no discretion, no power of acting or refusing to act —
no power of doing good in any shape is interested,
but unless he takes an apparent part in the business,
and sign his or their names to a deed,
whatever benefit is intended is either altogether
lost, or for an indefinite length of time delayed.
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Identifier: | JB/078/110/001"JB/" can not be assigned to a declared number type with value 78. |
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1826-10-13 |
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078 |
Review of Humphreys |
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110 |
Review of Humphreys |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
C1 |
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25201 |
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