affected, held to raise the presumption that all that was necessary to obtain such right had been done. London and North-Western Railway v. Evans (62 L. J. Ch. 1; [1893] 1 Ch. 16) approved. Clippens Oil Co. v. Edinburgh and District Water Trustees, (H.L. Sc.) 32. WILL. "Eldest son "-Failure of Limitations-Gift Over-Intestacy.]-The term "eldest son" in a will is properly applied to the elder of two sons, and if there be a person answering the description at the date of the will, such person, though he dies afterwards in the testator's lifetime, is an object of the testator's bounty, section 24 of the Wills Act, 1837, not having, with reference to the objects of bounty, the same effect as it has " with reference to the real and personal estate comprised in it." Amyot v. Dwarris, 40. A testator devised real estate, after limita. tions which failed, to his sister's "eldest son," there being only two sons at that date, both of whom predeceased the testator without issue. A third son was born after the date of the will, but in the testator's lifetime, and survived the testator. There was no residuary devise in the will:-Held, that the estate did not go to the persons entitled under the third son, but vested in the appellant, the surviving trustee, as under an intestacy. Ib. TABLE OF CASES. African Gold Recovery Co. v. Hay, 108 Att.-Gen, of British Columbia v. Ostrum, 11 Att.-Gen. of the Cape of Good Hope v. Smit, 13 Att.-Gen. for New South Wales v. Dickson, 48 Att. Gen. for Trinidad and Tobago; New Trinidad Lake Asphalt Co. v., 97 Ostrum; Att.-Gen. of British Columbia v., 11 Pacific Co-operative Steam Coal Co. v. Railway THE LAW JOURNAL REPORTS FOR THE YEAR 1904. CASES DECIDED IN THE Probate, Divorce and Admiralty Division OF THE HIGH COURT OF JUSTICE REPORTED BY ROBERT MARSHALL MIDDLETON AND ARTHUR PRITCHARD, BARRISTERS-AT-LAW; AND ON APPEAL THEREFROM IN The Court of Appeal and House of Lords, REPORTED BY WILLIAM EDWARD GORDON, GEORGE HUMPHREYS, JOSEPH SMITH, AUBREY JOHN SPENCER, AMY AND JOHN HALL, ARTHUR CORDERY, AND (in the House of Lords) JAMES EYRE THOMPSON. EDITOR: JOHN MEWS. SUB-EDITORS: W. E. GORDON AND A. J. SPENCER. VOLUME LXXIII. [ CONTEMPORARY WITH LAW REP. [1904] P.: [1904] A.C.] PUBLISHED FOR THE PROPRIETORS AT THE OFFICE OF THE LAW JOURNAL REPORTS, 119 CHANCERY LANE. LONDON. 1904. |