Page:United States Statutes at Large Volume 31.djvu/1406

 1354 FIFTY-SIXTH CONGRESS. SEss. II. Ch. 851. 1901. is designated as entitled to any benefit from the disposition or change · _ authorized by the power. ‘ ,,,§Fgfs'¥‘°"`°’s‘“““"" Sec. 1049. Tausr PO\VERS 1m¤ERA*r1vE.——Every trust power, unless its execution or nonexecution is made expressly to depend on the will of the grantee, is imperative and imposes a duty on the grantee the performance of which inay be compelled in equity for the benefit of the parties interested. ,r§S$l,$(§,Fg,g_" ““d°’ Sec. 1050. SELECTION UNDER rausr POWERS.-—A trust power does not cease to be im erative where the grantee has the rig t to select any and exclude others of the persons designated as the objects of the trust. ‘{(}f,‘;$,;€,§Qh;‘}$,§f‘Qf(§` Sec. 1051. lVher_e a disposition under a power is directed to be made to or among or between several persons, without any specifications of the share or sum to be allotted to each, all the persons designated shall be entitled to an equal proportion. But when the terms of the power import that the estate or fund is to be distributed between the ersons so designated, in such manner or proportions as the trustee of the power may think proper, the trustee may allot the whole to any one or more of such persons in exclusion of the others. I p0W9XS 0I` GDB E ot, , , creditors and assign- rrons AND Ass1GNEEs.——The execution in whole or in part of any trust °°S' power may be decreed in equity for the benefit of the creditors or assignees of any person entitled to compel its execution when the interest of the objects of such trust is assignable. m§§,“;,’O’;$;,Sf" "“°“‘ SEo. 1053. MANNER OF EXEGUTING POWERS.—··N'O power can be " executed except by some instrument in writing, which would be sufficient in law to pass the estate or interest intended to pass under the power if the person executing the power were the actual owner. Sec. 1054; Where a power to dispose of lands is confined to a disposition by devise or will, the instrument of execution must be a will uly executed; and where a power is confined to a disposition by grant it can not be executed by will, although the disposition is not intended to take effect until after the death of the party executing the power. Sec. 1055. Every instrument executed by the grantee of a power conveying an estate or creating a charge, which such grantee would have no right to convey or create unless by virtue of his power, shall be deemed avalid execution of the power, although such power be not recited or referred to therein. CHAPTER TWENTY-F1vE. Evidence. E VIDENCE. Oath- Sec. 1056. A*rH.——All evidence shall be given under oath according to the forms of the common law, except that where a witness has conscientious scruples against taking an oath, he may, in lieu thereof, solemnly, sincerely, and truly declare and affirm; and wherever herein any application, statement, or declaration is required to be supported or verified by an oath it is to be understood that such affirmation is the equivalent of an oath. , P¤ri¤¤’· Sec. 1057. PE1wUEY.—A person swearing, affirming, or declaring, or giving testimony in any form where an oath is authorized by law, is lawfully sworn, and will be guilty of perjury in a case where he would be guilty of said crime if sworn according to the forms of the common law. ` eSgg°Stlm?“Y ds bam _ Sec. 1058. TESTIMONY DE BENE EssE.—The testimony of any wit- ` ness may be taken in any civil cause depending in any court of the District of Columbia, whether the cause be at issue or not, by deposition de bene esse, under any of the following conditions: ··wh€¤ my be ¤’·k¤¤· First. Where the witness lives at a greater distance than one hundred miles from the place of trial.
 * 9**;*0**,, °* ,§’“SP Sec. 1052. EXECUTION or TRUST POXVERS ron BENEFIT OF onED-