Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber, from Hilary Term, 6 Will; IV., to [Easter Term 10 Vict.] Both Inclusive. [1836-1847] Volume 4
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 edition. Excerpt: ...and, independently of it, the rents and profits under the devise. The power to appoint new trustees, which is not given until after the death of the widow, is strong to shew that the testator intended no interference on the part of the trustees during her life. With regard to the argument drawn from the effect of a contrary construction in case of a forfeiture, no doubt the remainders are contingent, and might be destroyed by a forfeiture committed by the widow, in case of her surviving the other tenants for life: but no case can be shewn in which, the testator having devised life estates in lands, without any declaration of his intention to preserve contingent remainders subsequently limited, the Courts have interposed to insert words for that purpose, and to attribute to the testator an intention which he never expressed. In Briscoe v. Perkins b, there was an express declaration of the testator's intention to preserve them. Here the Court is called upon, not to put a construction upon doubtful words, but to add to words which are plain and unequivocal. With regard to the pow er of sale, it is manifestly a power in gross. Parke, B.--It appears to me, that when the terms of Exch. of Pleas, 1838 this will are carefully considered, there is no difficulty in., coming to a decision on the case. The question is, whe-Barker ther the legal estate in the lands devised vested in the first Greenwood. instance in the three plaintiffs, as trustees, or whether, during the life of the widow, it vested in her by operation of the statute of uses. The learned judge who tried the cause was of opinion that it vested in the trustees, and therefore that they were the proper plaintiffs on the record. The case has now been very ably and elaborately argued, and we quite...
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