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WILL-continued. 17. A videlicet shall be rejected if repugnant: not, if it can be reconciled and made restrictive. 194 18. Testator gave all his wagonways, rails, staiths, and all implements, utensils, and things, at his death used or employed with in or for the working, management, or employment of his collieries, and which may be deemed as of the nature of personal estate, in trust to be held, used or enjoyed, with the collieries under this bequest and upon the circumstances money due from the fitters and others and in the Tyne Bank, coals at the pits and staiths, corn, hay, horses, timber, oil, candles, fire engines, and various other articles of the stock in trade, passed.* Stuart v. Earl of Bute. 212
19. "I return to A. his bond" in a will is, not a release, but a legacy; and having lapsed, the bond remains in force against a surviving co-obligor. Maitland v. Adair. 231 20. Residue bequeathed to relations in the proportion the testator had given the other part of his fortune: pecuniary legatees only are entitled: not a devisee of real estate. lb.
21. Bequest to relations does not
include those by marriage. Ib. 22. Bequest to the youngest child of A. if she should have any child or children within a certain period; if no child or children within that period, then over : her eldest child, being the only one within the period described, is entitled. Emery v. England. 232
23. Vesting of a legacy postponed to the time of payment, and a limitation over in nature of a
* Reversed, post, vol. xi. 657.
cross-remainder implied from the general intention; reversing a decree, that it vested at twenty-one. Mackell v. Winter. 236, 536 24. Devise in fee and bequest of personal estate to A. and in case of his death under twenty-one without leaving issue, to B.: codicil affirming the will in all respects except by directing, that A. shall not be entitled till twenty-five: A. dying between the ages of twenty-one and twenty-five without issue, B. has no title. Scott v. Chamberlaine. 302, 491
25. Testator gave a sum, part of his
4 per cent. Bank Annuities, to his wife for life, and after her decease to several relations. Evidence was admitted, that he had no such stock at the date of the will, having previously sold it all, and invested the produce in Long Annuities, and to show the cause of the mistake; and the legacies were established. Selwood v. Mildmay. 306 26. Testator bequeathed part of his 3 per cent. Consolidated Bank Annuities. Upon evidence, that he had no Bank Stock at the date of his will or at his death, but that he had 3 per cent. South Sea Annuities, the legacy was established out of that fund. Dobson v. Waterman. 308 27. Under a bequest of the use of a house, with all the furniture and stock of carriages and horses and other live and dead stock for life, plate passed; wine and books did not. Porter v. Tournay. 311 28. Words not to be rejected, unless repugnant to the clear intention manifested by other parts of the will. 320 29. Testator by his will gave legacies to A. and B., describing them as grand-children of C., and their residence in America:
by a codicil he revoked these legacies, giving as a reason, that the legatees were dead: the fact not being true, they were held entitled upon proof of identity. Campbell v. French. 321
30. Legatee entitled notwithstanding a mistake of his name., 322| 31. The construction of the will being, that the real estate was well charged in aid of the personal with legacies, even supposing the charge not general so as to include future legacies, a legacy may be revoked and given to another person by an unattested codicil. Attorney General v. Ward. 327 32. Testatrix by codicil gave to A. the legacy given by her will to the children of B., 66 as I know not whether any of them are alive and if they are well provided for " though they are living, B. is entitled; the construction being, that if they are living they are well provided for. Ib.
33. The legal estate in mortgaged premises did not pass by a general residuary devise by the mortgagee. Duke of Leeds v. Munday.
348 34. Testator gave 1007. in trust to pay the interest to A. till her Daughter B. shall attain twentyfour, and then he gave the said 1007. and the interest then due to her said mother B. This legacy decreed to the daughter at the age of twenty-four. Clarke v. Norris. 362 35. Testator in India gives all his estate and effects to A. in England in trust, and directs his property to be remitted to him ; and after several legacies he gives A. 8001., and requests him, as soon as the property is remitted, to lay out the same in the funds or other securities, which shall appear most advantageous for those who shall bel
benefited by it hereafter the 8007. is a beneficial legacy, not in trust. Wadley v. North. 364 36. Limitation over upon the death of a person unmarried and without issue: "unmarried" in its usual sense meaning never having been married, "and" was construed "or" to afford a reasonable construction. Maberly v. Strode. 450 37. Words of survivorship added to a tenancy in common in a will, are to be applied to the death of the testator, unless an intention to postpone the vesting is apparent. lb.
38. Real estate devised to be sold and the produce disposed of with the personal, with a power to direct the fund to be laid out in land: no such direction having been given, it was held personal property. Ib. Power not executed by general words in a will. Langham v. Nenny.
467 40. Estate given to such uses as A. shall appoint is a fee. 470 41. Trust term in a will to raise out
of real estate several sums; of which some were secured by the testator's bond and covenant; the intention being to give them as portions out of the land, not as debts or legacies, the personal estate is not applicable. Reade v. Litchfield. 475 Leasehold property bequeathed in remainder in trust for a child in ventre, if a son, for life; and after his decease, for such of his issue male as should be his heir at law at his death; if no such then living, for such persons as should then be the legal representatives of the testator: a son being born and dying without issue, the limitation over established in favor of the next of kin according to the statute at the time of distribution. Long v. Blackall. 486
43. Purchaser decreed to take a title under an obscure will amounting to a power to sell; the legal estate not being given descends to the heir till execution of the power; and then passes to the vendee. ford v. Thompson. 44. Devise to A. and her heirs; but if she dies under twenty-one and unmarried, to B. and her heirs A. dies in the life of the testator, under twenty-one, and without issue, but having been married the heir is entitled. Chitty v. Chitty. 545 45. Bequest by implication. Wainewright v. Wainewright. 558 46. Money bequeathed to be laid out
in land to be settled upon the testator's nephew A. for life: remainder to the wife of A. for life; with remainders in tail to the sons and daughters of A. by such wife; A. was not married till after the death of the testator held to extend to a second wife. Peppin v. Bickford. 570 47. Money bequeathed to A. to remain at interest or to be by him laid out in real estates, to go with other estates devised. being tenant in tail of the real estate, and being entitled under an assignment of the money from the reversioner, subject to contingent limitations, disposed of the money by will: the Court inclined in favor of the disposition upon the ground, that A. might have called for the money as absolute owner: but it was established upon the option to continue it personal estate. Amler v. Amler. 583 48. Testator directed his children generally to be maintained during the life of his wife, but distributed the property after her death in words, which would not comprise after-born sons: they were held entitled to the
WILL-continued. former provision. v. Cock. 49. 10,000l. provided by settlement for one daughter or younger son; 15,000/7. if more: there being but one daughter, the father by a will under power reserved to him appoints the time of payment and the appliIcation of the interest of the 15,000l. provided for her by settlement, and gives her the farther sum of 50007.: she was held entitled to 20,0001. Phipps v. Lord Mulgrave. 613 50. Bequest of personal estate after a contingent limitation in tail, which did not take effect, established. Phipps v. Lord Mulgrave. 613 51. Devise by tenant in fee, in case he should die without leaving any issue living at his decease, and subject to such jointure or jointures, as he might make upon the woman he might marry by lease and release previous to the marriage of the devisor, the devised estates were conveyed to trustees and their heirs as to part, subject to certain trusts to the use of the devisor and his heirs till the marriage; and afterwards, subject to other trusts, to the use of him for life; remainder to trustees to preserve, &c.; remainder subject to farther trusts, to the use of the first and other sons of the marriage in tail male; remainder to the devisor in fee; and as to the other part, to the use of the devisor till the marriage; and afterwards, subject to a jointure to the intended wife, to the use of the devisor in fee by an article executed previously to the will in contemplation of the said marriage, provisions were made as the basis of a settlement of the same nature, but in certain respects different from that, which
was executed: the will is revoked as to the whole estate both in law and equity: a settlement having been made previously to the marriage, the articles were laid out of the case; and parol evidence of an intention not to revoke was rejected. Holford v. Cave. 650 52. Revocation of a will by a conveyance never completed. 653 53. Lease for years or life is a revocation of a will pro tanto only. 653
54. Mortgages in fee and conveyances in fee for payment of
fee for payment of debts, the will is revoked pro tanto only. Earl Temple v. The Duchess of Chandos. 685 57. As to the effect of a limited use of articles, which are consumed by the use, quære. 314
See Assets, 1, 2, 3, 4, 5, 10, 11, 12. Bankrupt, 5. Baron and Feme, 3. Charity. Condition, 1. Evidence. Legacy. Marriage, Mortgage, 8. Representatives. Satisfaction. Specific Devise. Trust, 7. Vested Interest.
debts revoke a will pro tanto | WITNESS.-See Evidence. only in equity.
55. If testator makes a feoffment
after the will to the use of himself in fee, or suffers a recovery, it is a revocation. 56. By a mortgage in fee of a devised estate or a conveyance in
664 YORK (CUSTOM OF.)
END OF THE THIRD VOLUME.
L. H. BRIDGham, printer.