The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 143

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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. 1914 edition. Excerpt: ...or effect of the Statute of Mortmain, must be the guide as to whether the acquisition of land for the purposes of the bequest in question was necessary: that such acquisition was, upon the true con-T-"Tr"" st-ruction of the testatrix's will, necessary: and that the gift was, ngumfiiesn. Mr. W. M. James, Mr. Wickens and Mr. Goren appeared for the other parties. At the close of the arguments the Loan Crmsosanoa reserved his judgment. Tue Loan Cnsncannon: New 14 In the administration of charitable bequests, it is the duty of the Court to ascertain, from the words of the will, by the ordinary rules of construction, the true meaning and intention of the testator, both as to the bequest itself and the mode of carrying it into efiect, without, in the first instance, adverting to the existence of the Statute of Mortmain. When the intention of the testator has been ascertained, inquiry is to be made whether the whole or any part of that' intention is contrary to the provisions of the statute. But no secondary interpretation ought to be adopted, nor ought the Court to resort to any different mode of administration from that indicated by the testator, even though it may be reasonable in itself, for the purpose of escaping from the operation of the statute. All this is well and concisely expressed by the Loan CHANce1.1.oa in the case 1f The Attorney-General v. WilIiams (5) in '487l these few words: "The Court will not alter its conception of the purposes of a testator merely because those intentions happen to fall within the prohibitions of the Statute of Mortmain." I have thus stated the rule, because I find in the note which has been furnished me of the VICE-CHANOELLOR/S judgment in the present case, and more

Product details

  • Paperback | 372 pages
  • 189 x 246 x 20mm | 662g
  • United States
  • English
  • black & white illustrations
  • 123683853X
  • 9781236838537