The English Reports Volume 4; V. 148

The English Reports Volume 4; V. 148

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...their remedy at law; and the mere charge of debts would not enable them to withdraw the case from the proper tribunal to a Court of Equity. And he referred to Barlow v. Sailer (17 Ves. 479). Barber in reply. None of the authorities cited for the defendant, Mary Slade, expressly apply. In the present case, there is no proviso in case William Slade shall not leave issue, or in default of issue, which are to be found in Jesso n awl Wright, and all the other cases which have been cited. In Jesson v. Wrigid, the Court was also much perplexed as to the mode in which the issue would take, the limitation being to them as tenants in common; a difficulty which Lord Kenyon seemed to have felt in Doe v. 'oopur, when he observed that cross remainders could not be implied in that case. But no such perplexity arises in the present instance. The direction in the will for ascertaining the testator's residuary property, and the bequest of the annuities, clearly had reference to the death of William Slade, and could not apply to an indefinite failure of issue, but must, of necessity, mean issue of his body, living at his death. But, at all events, the residuary clause had the effect of giving a fee in the real estate, with an executory devise over, which could not be barred by the recovery. He also cited in the course of the argument Hogan v. Jackson (3 Bro. P. C. 188). Alexander, L. C. B. This is a bill by William Ward 523 and his wife, against the devisees and executors named in the will of William Slade, to carry into execution the trusts of his wil1. The plaintiffs are the devisees in remainder, as they contend, after certain prior estates devised by the will of Slade. Besides the trustees of the will, Mary Slade, the widow of William Slade, more

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  • Paperback | 1200 pages
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  • English
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  • 1236512278
  • 9781236512277