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him a fee simple in the real estate. 3 The following words in the preGoodright, on dem. of Phipps, v. Al- amble of a will : “ As touching all lin. 2 Black. 1041,

my personal estate &c. I give and 3 But a trilling pecuniary legacy to dispose thereof as follows," will not

the heirs at law, jointly with the alone cause a devise of houses to A. other grandchildren of ihe testator, without farther disposition of the and to be paid on a future contin- saine, to be construed an estate in gency, will not turn a devise in re- fee simple. Frogmorton, on dem. mainder to A. (generally) into a of Wright, v. Wright, Wid. and afee simple. Roe, on demise of Cal- nother. 3 Wilson, 414. 2 Black. low, v. Bolton. 2 Black. 1045.

889. 4 Devise “ to my brother T. Eagle 9 A. having an only child, B. (a

for life, then to the nearest of my daughter) devised lands to a child relations, namely to B. the son of with which his wife was enseient, Thomas, and his heirs for ever, if a male, but if a female, then the and after their deceases to the lands were to be divided between nearest of kindred to me, B. and that female; and if they first male, and then female; the both die without issue, then to C. in house, &c. to descend to the name fee; the child was afterwards born, of Eagle, to be kept up as long as and was a male ; and it was ruled, the world shall endure, and never that he took a fee. Davis, on the to be sold; held that B. the son of dem. of Tully, v. Hamlin. Willes, T. took a fee. Preston dem. Eagle 612. v. Funnell. Willes, 164.

10 A. being cestui que trust of a term, A devise to A. and his heirs, and afterwards purchases the fee in his if he died without heirs, then own name, and devises the premises to B. his son or brother, &c.) and in fee to bis heir, whom he makes bis heirs. passes only an estate tail executor aud residuary legatee, who to A. Ibid. And Ginger dem. dies ; the term shali

go with the White v. White. Ib. 312.

fee to the heir, and not to the perAn: Goodright, dem. Goodridge, v. sonal representative. Goodright, Goodridge. Willes. 369.

on the dem. of Hoole, v. Sales. 2 But if the devise over be to a stran- Wils. 329. ger, A. takes a fee. Ib.

11 Devise of his estate at N. to A. So if the devise over be to a person of in tail, remainder to A. in fee, if he

the half blood of the first devise. survives B. his wife ; but if B. sur

(Case referred to, n. a.) Ib. 16.5. vives A. then he gives the said es8. A devise of “ all my estate” or all tate and premises (subject to an an

my interest," passes an estate in nuity to B. for life) to C. : this is a fee simple. 2 Doug. 763.

fee simple in C. Stiles v. IV alford. ý One devises thus: “as touching 2 Black. 939.

my wordly estate, 1 devise the same 12 Whatever else I have not disposed as follows; I give to my wife E. M. of, will carry a fee in a will. 51. to be paid yearly, to be paid out Hopewell v. Acicland.

1 Salkeld, of me estate at G. Item, to T. M. 239. and E. 51. each, to be paid 12 13 Devise of all the rest of his estate months after my decease. Item, to whatsoever and wheresoever, to his my two sons, J. M. and R. M. wife, her heirs, executors, and adwhom I make my

and ordain ministrators, is a devise in fee. Roe, my sole executors, all my lands and on the demise of Urry aud Haldane, tenements, freely to be enjoyed and v. Harvey, 5 Burr. 2638. possessed alike." J. M. and R. M. 14 Devise, &e. all the rest of my are tenants in cominon, and take a fee. goods and chattels real and personLoveacres d. Mudge v. Blight of al, moveable and inmoveable, as Ux. Cercp. 332.

houses, tenements, &e. without the to “ estate," and will carry the fees word estate, or other word of limi- unlese coupled with other words tation, passes a fee. Grayson v. which shew a different intention. Atkinson. In Chanc. 1 Wils 333. Fletcher v. Smiten.

2 Terin Rep 13 Devise to one for life, and after 656. to her issue, and if she had no issue, 22 Where the testator “ gave and be power to dispose thereof at her will

queathed to A. his estate at B. and and pleasure ; the contingency of the rest of his effects, furniture, es. issue never happening, she took a fee. tates real and personal, to C:J. Goodtitle, on dem. of Pearson, v. Ot- took the estate at B. in fee. Holda way. 2 Wils, 6.

fast d. Cowper v. Marten. 1 Term 16 Devise to A. for the use of B. till Rep. 411.

B. attains the age of 21, and then 23 Qu.-Whether in a devise the to B. in fee, the fee vests immedi- words “estate of what kind soever," ately in B.

Denn. on demise of Ed- immediately preceded and followed ward Setterthwaite, v. Charles Set- by particular descriptions of perterthwaite. 1 Black. 519.

sonal property, will pass a remain17 I give all my estate, right, title, der in fee of lands vested in the

and interest in, &c. and also the testator? Dally v. King. 11 house called, &c. carries a fee in Black 1. the house. The intent of the tes- 24 In a subsequent case a derise of tator to be collected from the words 66 all the rest and residue of my esof the will, not etrinsic cireum- tate, of what nature or kind soever," stances. Cole v. Rawlinson. 1 Salk.

was held by the court of C. P. to 232. 1 L. Raym. 831.

include ral as well as personal 18 Devise of annuities in fee payable property, though accompanied with

by an executor, and some of them limitations peculiarly applicable, to the heir at law, vests the fee and usually applied, to personal simple in the executor.

Oates on

property alone. Doe d. Burkitt § demise of Markham v. Cooke. 1 U.x. & al. v. Chapman. 1 H. Black. Black, 5+3. 3 Burr. 1681.

223 Devise of lands to an executor, en no- 25 A. by his will, the first words of

mine, charges the estate with debts. which were, 6 as to such worldly Ibid. 541.

estate as God has pleased to bless 29 By a devise of “ all the right, ti- me with,” made a provision for his

tle, and interest which I now have, heir at law, and devised “ all the and all the term and terms of years rest and residue of his goods and which I now have, or may have in chattels, rights, credits, personal my power to dispose of, in what

and testamentary estate whatsoever over I hold by lease from sir 7. F.. to B. for his own use, benefit, and and also the house called the Bell disposal;” under this clause B. was Tavern,” the fee simple in the house held by the court of C. P. to take called the Bell Tavern passes.

2 an estate in fee in the lands of the Doug. 762, 763.

testator. Sinith goal. y. Coffin fo “ All my estate” or “ all my interest” Uc. 2 H. Black. 4**.

are tantamount to an express de. 26 A devise of testator's lands at W., vise in fee. Ibid.

and all his interest in the estates of But a devise of all my lands at A." J. C. deceased, to L. A. for life, and only passes an estate for life. Ib.

after L. A.'s decease to E. S., chary. 20 The word “ estateof itself carries ed with an annuity to J. T. for life,

a fee : and words of restraint must gives a remainder in fee to E. S. be added to make it carry less. 1 Andrew y. Southouse. ó Term Ree Term Rep. 411.

port, 292. 21 The word “estates" is equivalent 27 Whether the word“ hereditamants",

is gofleierit to carry a fee? Qu. carrying the fee, on this, whether 3 Teriit Rep. 360, 5.

ó Terin Rep.

the debis, &c. are merely a charge 558.

on the estate devised, or it charge 25 A devise of all the rest, residue, on the devisee himself in respect of

and remainder of the devisor's such estate in his hands. Ib. lands, hereditaments, goods, chat- 32 One devised thus ; " Concerning teis, and personal estate, “ his le- niy worldly estate, I give and be gacies and faneral expences being queath to J. VI. is. Also I give thereout paid," conveys the fee of and bequeath to A. N. 2s." (with all the devisor's real estate. Doe pccuniary bequests to several others d. Preliner v. Richards. 2 Terin in the sare forms of words ;) “ also Rep. 336.

I give and bequeathi to G. S. my 29 ln a subsequent case the court of message and lands, &c. in W.ai.

K. B. ; held that only an estate for so I give and bequeath to the said G. life passed by these words; " all S. and his wife all my lands, &c. the rest of my lands, tenements, and in B. Also, all my messaages, &c. hereditaments, either freehold or in W. Also all my goods, chattels, copyhold, and also all iny goods, &c. &c. and personal estate, after havafter payment of my juist debts and ing thereor first paid and dischargfun-ral experces, i giup and be- el all my debts and funeral erpenes; queath the same to A.” &c. Denn also subject to the payment ther-out d. Moor v. Mellor. À Terin Rep. all the aforesaid legacies. And I 559.

nominate the said G. S. to be sole (The judgment of the court in this executor, whom I charge with the

cise was reversed in Can. Scac. on payment of my debts, legacies, and the ground that there was a clear funeral expences," &c.; held that intent to convey the fee. 3 Anst. G. S. and his wife took a fee in the 781. 1 Bos. 8. Pull. 558. (See 6 real estate devised to them, by rea

Term Rep. 175. 8 Term Rep. 50.3.) son of the words “having thereout This judgment of reversal was how- first prilall my debts," &e. whichi ever reversed in Don. Proc. and

was a personal charge on them in the judginent of K. B. affirmed, 7th respect of the realty as well as

July 1900. 2 Bos. ello Pull. 277., personalty, all devised in one entire 80 A devise of “ all the rest I have sentence, together with such charge.

in the world, both houses, lands, Doe d. Steveils and Pain v. Snelling. goods and chaitels, &c. to my wife, á East, 87. my executix ; so that she shall selí 33' J. S. devised thus, has to what my stock in trade and householt real and personal estate it has pleasgoods, and if these will not pay the ed God to bless me with, (all my debts, she shall sell next the house debts, &c. being first paid out of my in fee in Perizance. &c.; so that my personal, and if that is not suflicient, executrix shall pay in good time all out of my real estate,) 1 give and Ja ful debts," &c.: beld to carry dispose of the same as follows; I the fee of the house in P. to the exe- devise all my messiames, lands, tencutris ; she being charge: personal- ements, and here litaments in S., &c. ly with the payment of debts, in re- to ..:" the court of K. B. held spect of the real as well as person- that 1. took only a life estate. al estate devised. And the post

Died. Sinall Y al. v. Allen. 8 Term ponement of the sale of the real- Rep. 497., ty till after the personal estate 3+ A. devised his real and personal was exhausted being merely re- estates to luis wife for life, and die commendatory to her.

Goodtitle rected part of the personalty to be d. Pudily v. Maddern. 4 East, 496. sold after his wife's death by the 31 The distinction turns, in respest to

executor, and diviileil between C.,D., E., F., and G.; be then gave ÁLCA

man.

annuilies fo II. and J. to be paid by tate, lands, &e. known, and called his executor out of his whole estote, by the name of the Coal-yard in the and to commence after his wife's parish of aint Giles, London." death; and he then devised the re- Roe dem. Child and Wife v. Wright. muaindir of the profits, after his wife's 7 East, 239. death, and after the yearly pay- 40 W. devised “ two thirds of his real inents to the annuitants out of his and persoual estate to his wife, 10 whole estate to B., C., and D., equal- be disposed of at her pleasure, afly share and share alike; held that ter the death of his grandson, T." the executor took a fee. Doe d. It was held, that the wife took an Deezley v. Woodhouse. 4 Term estate in fee, and that after the Rep. 89.

death of T. tbe two thirds became 35 Where an estate in fee is devised vested in the devinees of IF, Jack

to trustees in trust for 1. B. with- son ex. dem. Bush and Wife v. Coleout any limitation of the estate to

2 Johns. Rep. 291. the cestui que trust, the latter takes 41 A devise of “ all the estate celled the beneficial interest in fee. Chal- Marrowhome in the county of H. conlenger v. Shepherd f al. 8 Term taining by estimation 2,195 acres of Rep. 597.

Irind,carries the fee. Lambert F. 36 A devise of a house to A., “par

Paine. 3 Cranch, 97. ing yearly and every year out of 42 Quere, Whether a British subject the said house the sum of 15s. to born in England, in 1730, and who B.” will carry a fee. Goudright d. always resided there, could. in the

Baker v. Stocker. 5 Terin Rep. 13. year 1786, take and hold lands in 37 Under this devise “ I give my free- Tirginia, by descent or desiae ? 16.

hold house and furniture to A., whom I make executrix, she paying

V. Estate Tail. all my debts and legacies; I likewise leave to A. all the rest of my per. 1 Au ordinary man makes his own sonal estate ;" 1. takes a fee in the will, without any assistance, which freehold. Dne d. Willey & al. v. begins " as to my worldly estate, Holmes. 8 Term Rep. 1.

&c." then testator gave some small 38 Under a devize to the testator's legacios payable in a twelve month;

widow of 2001. per annum for life then (being seized of some copyhoid in a ldition to her jointure (which land and of five houses) he devises jointure it appeared vas secured by one of the five houses to IF. T. a terin out of his real estates) “ his making other gifts to other reladebts being previously paid : and tions ; then the testator says, if to his youngest children 6000). each, either of the persons before named to be paid respectively at 21 years ; die without issue lawfully begotten, after which the testator appointed the said legacy shall be equally diA. B. and C. as trustees of inheri. vided between them that are left atance for the erecution thereof," live : this is an estate tail in I. T. held by three julges, that the trus- llope on dem. of Broun et Ur. v. t'es thereby took a fee in the tes. Taylor. 1 Burr. 268. tor's londs; against one judge, who ? Robert Bromley devises to his thought he meaning of those words grandson, Robert Coulson, and his ton uncertain to disinherit the heir

assigus, for his life natural, the reat law. Trent v. Hanning. 7 East, version of lands expectant on death 97.

of the devisor's si-ter; and from 39 The word estate will carry a fee and after the determination of the

in a will, if not restrained by other estate for life of his said grandson, worils; and helil that i' was not re- then to trustees during the life of strained ia a devise of “all my es- his grandson, to preserve contingent

ders over.

SON.

remainders, and from and after the in a will, (who are only to enjoy it death of his grandson, unto the heirs for their lives, of which none of of his body lawfully begotten and them are tenants any longer, nor to be begotten, with divers remain- shall it be in any of their powers to

And upon the first ar- sell or dispose of the same, and afgument, the court was clear in o)- terwards, in a schedule annexed, pinion, that this was an estate tail this estate being recited to be given in the grandson. Coulson v. Coul- to J. S. shews the intent of the tes. 2 Str. 1125.

tator to give him an estate for life; 3 Devise to S. S. and the heirs of his which the law will conjoin to the

body, and their heirs forever ; but estate given to his heirs naie, and in case S. S. shall die without leav- construe him to be tenant in tail. ing issue of his body, then to W. G. Huyes on the demise of Foorde v. and his heirs. S. S. enters and dies Foorde 2 Black, 693. seized, his son also enters and dies 6 Uoder a devise to A. for life, and seized, having devised the premises ther to his male children for their to M. S. the remainder man is en- lives, and so te the male children titled against the devisee, the estate descending from them; on their degiven to S. S. being only an estate cease, or failure, then to B. and the tail. In a devise of real estate,

heirs male of his body for the same the words “ in case he shall die term of life, and upon the samo without leaving issue,” mean when- terms as the devisor intended for A. ever there is a failure of issue : aliter, and his male children; and in case of personal estate. Denn d. Geer- B. and his male children failing, ing v. Shenton. Corp. 410.

then to C. and his male children Å testatrix devised a nessuage

for the same term of his and their and lands to her eldest daughter H. life, and upon the same terms ;' it and the heirs of her body forever, was holden, that A. took an estate and for want of such issue, to her for life only, and that on his death, second, third, and fourth daughters without male issue, B. took an essuccessively in tail, eharged and tate for life only. Goodtitle on the chargeable nevertheless with 1801. demise of Cross v. Wodhull. Wilto be levied out of the first annual les, 592. profits, and to be divided equally A devise to i.'s three sons succesbetween the three youngest dangli- sively in tail male, remainder to all ters; and that the executors shall and every other sons of A. without stand seized of the said messuage naoing any estate ; remainder for and lands from the decease of the Want of such issue to B. in tail male. testatrix, for so long time as they,

The other sons of A. take an estate or their assigns, should have raised in tail male. Evans on demise of the said sum, or so long as until Brooke v. Astley. 1 Black. 499, the same should be discharged by 521. 3 Burr. 1570. the said A. or her beirs ; and from 8 A devise to the issue male of one and iminediately after the raising, who is entitled to an estate for life &c. or other payment of the suid under a conveyance from the de- sulin, by A. or ber heirs, then that visor, will not vest in the ancestor, A. and her heirs should enjoy the even though the will recited his insaid messuage forever; only allow- terest; nor will he take an estato ing the three younger daughters tail by implication, though the esand a cousin the use of some rooms, tate is limited over only in case of till they were married. Held, that failure of issue male in him ; nor A. took only an estate tail. Han. will bis estate support the devise. son v. Fyldes. Corp. 833.

Moore v. Parker. 1 L. Raym. 37. Devise te the heirs male of J. S. 9 Que devises to his daughter an ex

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