The Revised Reports (Volume 45); 1785-1866 (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. 1900. Excerpt: ... legacy, and one field--whether of inheritance or leasehold does Mirehodse not appear, except that no words of inheritance are used--and Scaiff. then he says, "It is my will that all my debts and all the above legacies be paid and discharged within six months after my decease; and all the rest and residue of my estate, both real and personal, lands, messuages, and tenements, I give unto Mary Xewton, by her freely to be possessed at my decease." There is a direction that all his debts and legacies shall be paid, and then a devise of his real estate. This, in many cases, from Stanger v. Tryon (l), and Kay v. Tow mend (2), down to Clifford v. Lenin (8), has been held sufficient to charge the lands; but there is also a devise of the rest and residue of the real estate, following a direction to pay debts and legacies, as in Hassel v. Hassel (4), '08 and in the cases put by Lord Hardwicke in Brudenell v. Boughton (5). There is, moreover, a blending of the real and personal estate, and a gift of the residue of both, as in Hassel v. Hnstel, Bench v. Byles (6), Cole v. Turner (4 Russ. 376), circumstances which relieve this case from the question discussed by Lord Alvanley and Lord Rosslyn in Chitty v. Williams (7), and Keeling v. Brown (8), as to whether words, admitted to be sufficient to charge lands with debts, ought to be held sufficient to charge them with legacies. If, indeed, this charge were to be confined to debts, a new ground of marshalling would be opened, though not the ground upon which the Yice-chancellor is said to have decided. To attribute different meanings to the same words in the same sentence, may sometimes be necessary; but nothing but necessity can justify it. When the testator spoke of " the rest and residue" of his personal estate, he ce...