Reports of Cases Argued and Determined in the Court of Exchequer Volume 10; From Easter Term, 54 Geo. III. to [Michaelmas Term, 5 Geo. IV.] Both Inclusive [1814-1824] ... (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. 1832 Excerpt: ...Judgment till the (a) Ante, vol. vii. p. 212. (6) 2 Bro. 38, 226. following following term, which was now delivered seriatim 1822. by the Barons, there being a difference of opinion, ""/ ' 'Heneaoe as follows: --and others D. Loid Viscount Richards, Lord Chief Baron: --The bill in this cause is filed by the devisees in trust under the judgment. will of Arabella Walker Heneage, who was the Rchafls, Chief Baron. widow of John Walker Heneage, Esq. against the two coheirs at law and the next of kin of Mr. Heneage's Father, John Walker, who are the coheirs and next of kin of Mr. Heneage himself. I conceive this to be a sufficient description of the Defendants for the purpose of the present consideration. The controversy arises upon the will of Mr. Heneage, and the question is, whether, under his will, Mrs. Heneage took the absolute interest in his real and personal estates, and had therefore a right to dispose of them in favour of the Plaintiffs, as she has by her will declared her intention to do; or whether she was only a trustee with an interest in herself merely for her own life, as trustee for the benefit of the Defendants or some of them, with a power of selecting some or one of them in preference to the others or other of them. I use the wprd personal estate, because it is used by Mr. Heneage in his bequest, and it must therefore be necessary, in the construction of his will, to observe upon the personal estate, though his personal estate was, as appears by the Master's report, insufficient to pay his debts, and the decision must be confined to his real estate. This 1822. This question must be resolved by a due atten Heneaop. tion to the language of Mr. Heneage.s will. and others r. Lord viscount What then is the true construction of all the Andov...