Thesaurus Juridicus Volume 2; Containing the Decisions of the Several Courts of Equity - Upon the Suits Therein Adjudged, and of the High Court of Parliament, Upon Petitions and Appeals: To Which Are Added the Resolutions of the Barons of the Exchequer in Matters Touching the Revenues of the Crown: From the Period of the Revolution to the East (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. 1800 Excerpt: ...commifiioni of charitable ufes: they alfo fupplied recoveries. 7 July 1796, cor. M. R. 8i. Trft itor devifed feveral eftates fpecifically, mjn v. Mmst, and aii other his freehold and copyhold lands and 3r, f.ju. I9.-194-hereditaments - whereof I fhall die feifed or pof " fefled, (the copyhold part whereof I have fur ' rendered to the ufe of my will, )" upon truft to fell, and the produce thereof to be confidered as part of his perfonal eftate, and be difpofed of fub jeft to his debts. Upon a bill by the creditors, a reference was made to the Mafter, who reported, that part of the copyholds had been furrendered and other part not furrendered. A queition then arofe, Whether the copyholds not furrendered pafled? Per M. R. If the teftator did intend to devife all the copyhold cftate, whether furrendered or not, the cl.uiiu in the parenthefis mud be a miftake, and confidered as mere furplufage. His Honor faid he was not at liberty to indulge any conjec turej if it was beyond doubt that teftator could not, have meant thefe words to be reftri tive. The ) 3 Atk. 8. cafe of Gafcoigne v. Barker (a) was as ftrong aa ' could well be dated: the qtuition there was the fame as in this, Whether the parentheCs, which appeared to his Honor to be little more than an. allegation, was to be taken as reftriftive? Every argument that could apply in that cafe applies to th? prefent. It was not neceflary to confider the parenthefo parenthefis as more than an afiertion. It is enough to fay it may operate as a re(lri tion. A teftator hall not be fuppofed to pafs what he cannot pafs. If teftator had faid all his copyhold lands, it muft have been taken whether furrendered or not, but the defcription is doubtful. Fortified by the cited cafe, his Honor could...