Entered according to Act of Congress, in the year 1870, by LITTLE, Brown, & Co., in the Clerk's Office of the District Court of the District of Massachusetts. CAMBRIDGE: PRESS OF JOHX WILSON AND SOX. CONTENTS OF No. IV. Page Notes on PRECATORY TrusTS IN Wills ...... THE HOWLAND WILL CASE ........... Recent ADMIRALTY Decisions. ......... 664 UDNY v. UDNY .................. 678 Book NOTICES. . . . . . . . . . . . . . . . . . 745 Ram on Facts, 745. Powell's Analysis of American Law, 747. The Bible in the Public Schools, 749. Finlason on Tenures, 752. Superstition and Force, 753. Warren's Law Studies, 753. Ohio Criminal Law, 754. Lester's Land Laws, 754. Massachusetts Provincial Laws, 755. Report of Reg. v. Gurney, 756. House of Lords Cases, Vols. I. II. and III. 758. Benedict's Reports, Vol. II., No. 4, 759. Illinois Reports, Vol. XLVII., 760. Brown on Liability for Accidents, 761. Fowler's Local Law in Connecticut, 761. Reese's Law of Homicide, 761. Andrews's Reminis- cences, 761. Estee's Pleading and Practice, 762. Muhlbrecht's Ueber- sicht, 762. Law Magazine and Law Review, 762. Periodicals, 763. List OF LAW BOOKS PUBLISHED IN ENGLAND AND AMERICA SINCE April, 1870 ............... 764 SUMMARY OF Events ............ . 766 UNITED STATES. — Supreme Court, Legal Tender, 766 ; The Grapeshot ; Mar- itime Hypothecation, 768. California - The Cyane; Work on Sunday, 769; Judicial Decisions, 771. Connecticut - Judicial Decisions, 771; Death of Hinman, C. J., 772. New Jersey - Cuff v. Cuff"; Nuisances on Lands, 772. New York – Mr. O'Conor on the Code, 774. West Virginia – Charge to Grand Jury, 775. GREAT BRITAIN - English and French In Quayle v. Davidson, 12 Moore, P. C. 268, it was held that a court of equity “ will, if necessary, construe words importing a trust as an expression of hope or confidence.” In precatory trusts, on the other hand, words expressing hope or confidence are construed as importing a trust. In each case the courts apply “one of the fixed rules of equitable construction, that there is no magic in particular words.” Hill on Tr. 65. The intention of the testator, of course, is to govern in all cases. So that no informality in words will prevent the creation of a trust where it clearly appears that a line of duty is marked out for the donee, and not merely suggestions made to his discretion : and neither precatory words nor any other will avail to create a trust where a contrary intent is made out. But the doctrine of precatory trusts is something more than the converse of the principle in Quayle v. Davidson; it does not stop with saying that precatory words may, under stress of a plainly indicated intent, be construed as importing a trust. It is stated as a rule of presumption ; and, in the absence of countervailing circumstances, or in the equipoise of such as conflict, it requires that precatory words shall be so construed. The rule was thus expressed by Sir R. P. Arden, Master of the Rolls, in the case of Malim v. Keighley, 2 Ves. Jr. 333, 335 (A. D. 1795): “I will lay down the rule as broad as this: whenever any person gives property, and points out the object; the property, and the way in which. VOL. IV. |