Select Cases and Other Authorities on the Law of Property Volume 5 (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. 1908 Excerpt: ...per cent, stock in court; that her pecuniary legacies were payable out of it; and that the will was also a good execution of her power as to the leasehold estate; it being plain that she meant to describe the property, over which her power extended, under the words--"all other property which she possessed,"--by excepting out of it 50 of her bank stock, which she gave to her executors. - See, accord., Webb v. Honnor, 1 Jac. & W. 362 (1820); Dacies v. Thorns, 8 De G. & 8m. 347 (1849). Contra, While v. Hicks, 33 N. Y. 393 (1865); and see Hanson v. Berdan, 35 N. J. Eq. 376 (1882). 3 "This case involves three points, and none of them presenting any difficulty: 1, the gift of the stock was specific--my hank stock; 2, although the gift of the pecuniary legacies was general, and standing by itself would not have operated as a charge of the property uniler the power.yet being followed by a gift of the residue of her bank stock, the legacies themselves were of course part of the same subject; 3, the gift of the resi GRANT v. LYNAM. Chancery. 1828. Reported 4 Russ. 292. The testator, John Veal, made his will, inter alia, in the following words: --" I give and bequeath my present dwelling-house, garden, due of the property was held to include the leasehold on account of the exception out of the general gift of 50 of her bank stock, which proved that she was dealing with the subject of the power. It would have been a strained construction to refer the exception of the 50 to the corpus of the bank stock itself, and so have left the remainder of the gift naked and unexplained, in which case it would not have operated under the power. "But it has been since said that Walker v. Mackie does not appear to be reconcileable...