Law Library Volume 32

Law Library Volume 32

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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. 1841 edition. Excerpt: ... was intitled to dower and also to the annuity, or was obliged to elect between them? And his lordship decreed that she ought to elect, observing that it was the manifest intention of the testator to give her the annuity in satisfaction of dower, and that the latter claim was in contradiction to the will. The case of Pitts v. Snowden does not appear to have been cited in flrnold v. Kempstead. Between the two cases these differences may be remarked, that in the latter the annuity is given solely out of the dowable estate, and without any powers of entry and distress. 5" 1 But how the annuity in the case of flrnold v. Kempstead contradicts the will, more than the annuity in Puts v. Snowden, it is dilficult to discover. With respect to the testator's intention it may be observed, that in granting the annuity out of the freehold estate he might mean no more than to charge such estate to the extent of his interest therein, viz. subject to his widow's right to assent one-third part-ot.' it,"andtherlali("ineot1sistenejl'betweelrthe two claims is obviated. At least it is presumed that t ere is not in this case' that-"clear andcertain implication of thetestator's"inte'ntion to purchase hiswife's title to dower by the grant 'oi' the annuity, as is required by the cases to oblige her to elect" between her interest under her husband's will and her legal right to dower.-um; 5; The next case is Villa Real v. Lord Galway," before Lord Camden, fully reported in a note to Browne's "Chancery Cases.(g) The husband devised to his wife an annuity of 2001; for life, and-subject thereto he gave all his' real estates, and also hispersonal estate, to trustees, more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236923146
  • 9781236923141