An Analytical Digest of the Reports of Cases Decided in the Courts of Common Law and Equity, of Appeal and Nisi Prius and in the Ecclesiastical Courts in the Year

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. 1854 Excerpt: ... issue living at his death. Doe v. Johnson, 8 Exch. Rep. 81. 4. A bequest to wife for life of the interest of real and personal estate for the benefit of herself and children, her interest to cease on her second marriage, and when thirty years were expired all the property was to be sold, and twothirds of the proceeds to be divided amongst his children then living, or to their heirs: held, that the gift at the end of the thirty years was not void for remoteness, that the word or must be read "and," no substitution of the legatee being intended, and that the children then living were entitled to the intermediate rents after the death of the widow, and before the expiration of the thirty years. Lachlan v. Reynolds, 9 Hare (v. Ch.) 796. 5. Estates settled on the husband for life, with remainder to his sons in tail, remainder to himself in fee, were devised by him, ira case he should die without having any issue by his wife, to her for life, with remainder in trust for sale, with a direction to pay 4000J. out of the proceeds to A. B. on his attaining twenty-one: held, that the ulterior limitation depended on the failure of issue at death of testator, and not a general failure, and that A. B. was entitled to the sum. Rye, In re, 10 Hare (v. Ch.) 107. 6. By settlement, personalty was limited after the death of the husband and wife, in trust for all the children as tenants in commonin tail, with cross remainders in tail, with an ultimate limitation over in case of no issue of the marriage, or if any, they should die before their shares became payable: held, that the children took absolute interests upon their birth. Mount v. Mount, 13 Beav. (ch.) 333. 7. A bequest was made to the children of a niece, with a gift over upon failure of issue of the niece: he...