Reports of Cases in the High Court of Chancery, from 1757 to 1766; From the Original Manuscripts of Lord Chancellor Northington Volume 1-2

Reports of Cases in the High Court of Chancery, from 1757 to 1766; From the Original Manuscripts of Lord Chancellor Northington Volume 1-2

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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. 1827 edition. Excerpt: ...the issue of his body, lawfully begotten, living at his i""="?," is 3" death, and for want of such issue to the University estate tail in A.... of 0.t_'ford. This was a bill to have the title deeds secured. The Solicitor-General and Mr. Wilbraham for the plaintiffs. The defendant is entitled only to an estate for life, with a contingent remainder to his issue, if he should have any at his death, for the life or lives of such issue. The word issue in this case is a special designatio persome, and as such under the authority of Burchett v. Durdant, 2 Vent. 311. Wedgward's case, cited by Lord Hale, in King v. Melling, 1 Vent. 231, and Long v. Beaumont, 1 P. W. 229, the defendant cannot take an estate tail. Every word in a will ought to have a sense put upon it if possible. If it be construed an estate tail, the words, " living at his death," which are capable of construction, must be left out. The subsequent words, " for want of such issue," cannot enlarge his estate into an estate tail, for it means such issue as was living at his death. Lovelace v. Lovelace, Cro. Elie. 4-0, was a devise to one, and his eldest issue male, he having no son at the time, it was adjudged an estate for life only. The word eldest was held a clear deaignatio persona. The intent of the testator is very clearly against the defendant's taking an estate tail. To what purpose would he have given remainders over if he knew they might be imme-1759. diately barred? The period when the el1ildren's estate is The Egitersity to begin, is the death of the defendant; if there are of()x1.-om) several, they must take a joint tenancy for life: there is "nothing absurd in this, but at all events the court...show more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236853652
  • 9781236853653