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Equity and the Law of Trusts in the Republic of Ireland

Equity Acts In Personam

In Chapter 3: The Maxims of Equity

Equity and the Law of Trusts in the Republic of Ireland

Author:
Ronan Keane
Publisher:
Bloomsbury Professional
Edition:
Second edition
Publication Date:
2011
Law As Stated At:
1 September 2011
[3.10] This maxim has long since ceased to be universally true. It reminds us that the jurisdiction of the court of chancery was originally exercised against the person – in personam – of the defendant rather than in relation to particular property ( in rem ) . In the case of trusts, the court did not purport to deprive the legal owner of his property and transfer it to the beneficiary. But it could require the legal owner to acknowledge the right of the beneficiary and could enforce its decrees by punishment, including committal to prison for contempt and sequestration of the defendant’s assets. But although the beneficiary’s rights were properly described, because of this, as iura in personam, they have long since ceased to be exclusively such. The right of the beneficiary was recognised as one that could be transferred by him to another and transmitted on death, ie, ...
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