A Treatise of the Law of Property, as Administered by the House of Lords (Paperback)

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. 1849 Excerpt: ... issue male, and the testator should have no other son, the fortunes of the daughters should be increased. This was the construction of the will according to the letter, and the literal construction here would make the will operate according to the testator's natural and obvious intention, which was, in the event of his estate going from his own issue male by their failure, it should bear an additional burden for the benefit of his daughters. The event in which the portions of the daughters were to be increased was not too remote j it (I) The caso of Fairfield f. Morgan, referred to in the text, was decided in the House of Lords, assisted by the Judges, in 1805. The testator gave all his real estates to his brother; but in case he should die before he attained 21, or without issue living at his death, the testator devised his estates to his mother for ever. The brother attained 21, and afterwards died without issue. It was held that or meant and, and that the estate did not go over to the mother. See Denn v. Kemeys, 9 East, 3C6; Eastman v. Baker, 1 Taunt. 174; Hasker r. Sutton, 1 Bing. 500; Right i. Day, 10 East, 67. was not after an indefinite failure of issue of Dudley, but in case he should leave no issue male of his body lawfully begotten (I), which, according to the settled legal construction, means, in case he should not leave issue male living at his death. These latter reasons prevailed, and the appeal was dismissed and the decree affirmed. VIII. Of intermediate rents and interest and resulting trusts: 1. In several of the cases which we have already considered, questions have arisen as to the right to the rents or interest where the gift is either executory or void as too remote; and it may therefore be convenient here to state the points decided o...