Reports of Cases Argued and Determined in the High Court of Chancery; From the Time of Lord Chancellor Eldon, 58 and 59 Geo. III. [1818-1819] Volume 1-2
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. 1821 edition. Excerpt: ... suppose, secured it against alienation. This intention coufd not have been frustrated by any supposed disinclination of his son to the Slyne estate. A more effectual mode of preventing the alienation of this property would have been to suffer the 1818. the limitations of the will to remain untouched. But witb. the professed purpose of securing it to the descendants of hjs OltKENE v. father, the testator had recourse to a mode but ill adapted. Worth. for accomplishing it, namely, by giving to the very soq, whose disinclination to reside on this particular property he seems to have apprehended, a power to sell the estate to the nephew, on whose local attachment he seems to have relied, but who might immediately afterwards dispose of the estate to a stranger. But whatever difficulties might have attended the execution of such a power, from its not naming any sum, or from any other circumstance, must have been encountered, for it is a power which the testator did by that codicil actually give, and the Court must insert it if not revoked by the subsequent codicil. It is a qualified power, and unless a sale could be made under it, no sale whatever could be made under the first codicil. It is evident that the testator when he made the second codicil, had not forgotten this power, for he appears to have had the former codicil before him; he makes alterations in the names of two of the trustees, and with those alterations confirms his will and codicil. It cannot therefore be said that he was not aware of the limited power he had previously given. If the Court is to be at liberty to infer that during the interval of ten years which elapsed between the dates of the two codicils, he had altered his intention, it is singular that having before him the very...
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