This section is from the book "Popular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Where there has been a total failure to execute a power there can be no relief in equity.5 Equity, however, will relieve where there has been a defective execution of powers on account of accident.6 Such a defect, however, must be merely a formal one and not one going to the essence of the power.
 
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