Harvard Law Review Volume 1

Harvard Law Review Volume 1

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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. 1888 edition. Excerpt: ...For otherwise money might be left for illegal purposes, or legatees might keep for themselves what they really received in trust. 1?: Spencer' Will, 83 L. T. 274. WATER RIGHTS.--The defendant railroad built a dam ricross a stream, above the plaintifl's mill, for the purpose of supplying their trains with water. fieldThat is not such a use of the stream as will entitle the defendants to diminish the flow of water to the plaintiff's injury. Anderran v. Cincinnati Soul/iern R')! Co., 24 Rep. 502 (Ky.). WlLI$--ILLEGfl1hfATE C1-numen norm am 'ms mu-rmc on 'ma 'Vn.r., --The case of Ocderlou v. Fullalow, 9 Ch. Ap. I47, which allowed an after-born child to take property under a devise by her father to his children by his deceased wife's sister, with whom he had gone through the ceremony of marriage, has just been followed in England. In Occlerlan v. Fullalm/2 the controversy was in regard to a child that was en 1/mire ra merr at the date of the will, but not so described. Vice-Chancellor Wickens held it contrary to public policy to allow such provision for the fruit of future illicit cohabitation. James and hiellish, L. IL, reversed the decree on appeal, Selborne, L. C., dissenting. The Lords Justices proceeded largely on the ground that a will does not take effect till the tcstator's death, and hence such a provision is not for illegitimate children to be begotten in the future. The case is followed as binding, but with apparent reluctance. In re 1a.rlie'.r Trusts, 35 Ch. D. 728. Considering the question as one of public policy, the ground of the decision seems a narrow one, and the difference of opinion among the judges will deprive the case of any great weight where it is not a precedent. In fact, ...show more

Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236833015
  • 9781236833013