Lady Mary Topham v Duke Of Portland: 20 Jun 1863

Commonlii The costs of an application to stay the execution of a decree pending an appeal to the House of Lords were to be paid by the applicant.

Citations:

[1863] EngR 721, (1863) 1 De G J and S 603, (1863) 46 ER 239

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See alsoLady Mary Topham v The Duke Of Portland 30-Jun-1862
The donee of a trust power cannot execute it for an object foreign to purposes for which it was intended, and therefore an ordinary power in a marriage settlement of appointment amongst the children cannot be made subservient to the accomplishment . .

Cited by:

See AlsoDuke of Portland v Topham CA 1864
Commonlii The donee of a power of appointing portions among his younger children appointed a double share to a younger child without previous communication with him. But it appeared from the instructions for the . .
See AlsoThe Duke Of Portland And Others v Lady Mary E Topham And Others HL 6-Apr-1864
A power, to be validly executed, must be executed without any indirect object. The donee of the power must give the property which is the subject of it, as property, to the person to whom he affects to give it.
A created a power to appoint a . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 07 May 2022; Ref: scu.283376