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PRACTICAL TREATISE

ON

THE LAW OF TRUSTS.

BY

(THE LATE)

THOMAS LEWIN, ESQ.

Eighth Edition

BY

FREDERICK A. LEWIN.

FIRST AMERICAN, FROM THE EIGHTH ENGLISH, EDITION

BY

JAMES H. FLINT.

VOLUME I.

BOSTON:
CHARLES H. EDSON & Co., PUBLISHERS.

LIBRARY OF THE LELAND STANFORD JR. UNIVERSITY.

a.37207

Copyright, 1888,

BY CHARLES H. Edsox & Co.

TYPOGRAPHY BY J. S. CUSHING AND Co., Boston.

PREFACE TO THE AMERICAN EDITION.

THE accurate and exhaustive treatise of Mr. Lewin can receive no warmer nor more effective commendation than that which voluntarily or unconsciously falls from the lips of every reader.

The English cases have been brought down to date, nd this part of the work has been excellently done by a F. Heard, Esq.. F."he text has been modified and corrected as indi

id in the “ addenda et corrigenda ” of the eighth catylish edition. En[n the American notes the attempt has been made to show the difference between English and American decisions, to cite the leading cases upon the subjects treated and to briefly indicate the substance of the decisions.

To know where knowledge is, is next to having it, and, if the reader finds his attention directed to such cases as he seeks, his perusal of them renders any lengthy abstracts or quotations unnecessary.

In so far as these annotations are found numerous, accurate and comprehensive enough to afford any assistance, to that extent it will be felt that this labor has not been in vain.

J. H. F. Boston, May, 1888.

PREFACE.

SINCE the publication of the last Edition of this work several important Acts of Parliament have been passed, which have given rise to numerous, and in many cases fundamental, changes in the law as affecting the relative positions of trustees and their cestuis que trust, and their respective rights and powers. These, together with the continual modifications in the law arising from the flow of cases through the Courts, have caused a considerable increase in the size of the present Edition.

One new chapter and an additional section to another chapter have been introduced, pointing out the principal provisions of the Settled Land Acts as they affect the law of trusts, but a general consideration of these Acts does not seem to fall within the purview of the present work.

With the above exception, I have not altered the form of the work, but while dealing with the late Conveyancing Acts, and the Married Woman's Property Act, 1882, and the other variations in the law which have arisen since the last Edition, I have endeavoured as far as possible to weave the new matter in and make it harmonize with the previous text.

An important feature in the present Edition is the

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