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tween them: it was held, that tltese their bolies begotten, then all the words did not create an estate tail, lands herein before given to the said but a remainder over in fee to the B. and C. or either of them, slalk-be survivors, on failure of the male and reinain to the children of my heirs of the person first dying. brethren and sister, who shall then Fosdick and others v. Cornell. 1 survive.” This was holdeir to be a Johns. Rep. 410.

devise to the two nephews in tail, 49 - I devise the residue of my estate with cross remainders in tail, and a

to J. P. during the term of his na- contingent remainder to the chiltural life, and if he leaves lawful dren of the testator's brethrei ani! issue, then I give my real estate sister living wlien these estates tail unto such issue : But in case of his should be spent. Ha cley de al. v. dying without issue, or they dying Northampton. 8 Mass. 3. under 21, then I devise all my real bi A devise to husband and wife estate unto A. J. his heirs and creates a jointenaney, notwithstandsigns, on condition that he, or they, ing the statute of 1783, C. 62. Fox pay, &c.” Adjudged, that J. P. v. Fletcher. S Mass. 274. took an estate tail; which was forfoited by his attainder. 1 Dallas,

VI. Estate for Life. 47. 50 A. devises sundry parcels of lands 1 Devise to 1. for life, and if he has

to his nephews B. and C. severally issile inale, then to such issue male and in distinct parts, to have and to and his heirs; and if he die withhold the parts devised to B. to him, out issue malı, to B. and his heirs. his heirs and assigns forever, on the A. has but an estate for life, and conditions and limitations after in both remainders are contingent. his will mentioned : and to liave and Luldington y. Kine.

1 L. Raym. to hold the parts devised to C. to 203. 'i Salk. 22+. him, his heirs and assigns forever, 2 Devise of lands and hereditainents on the conditions and contingencies to A. and B. in trust to others in after mentioned in his will: the testa- tail and in fee is a devise in fee to tor then adds, “ and it is my will and the trustees, though there be not the pleasure, and I have made the forego- worils heirs, or for ever. Devise to ing devises and bequests, with the pro- 1. for life, then to trustees in trust vision and limitation, that if it shoull for his sisters equally, during their so happen that the said B. should de- natural lives, without coinmitting cease, leaving no heirs of his body waste, with proviso that they shall lawfully begotten, and the sail C. or be reimbursed whatever part of thie any heirs by him the said C. law- 5001.they shall pay, hy getting coals fully begotten, then alive, that in off the premises ;

and if either of such case all the devises and bequests his sisters should happen to die, of real estate herein before made to leaving issue or issues of her or the said B. shall be and remain to their bodies, lawfully begotten, then him tlie seid C. or such his said in trust for such issue or issues of heirs. And in case the said C. the mother's share, or else in trust should decerise, leaving no heirs of for the survivor or survivors of his body, begotten, living the saill B. them, ond their respective issue or or any heirs of iis body lawfully issues, And if it should happen begotten, in such case all the lands that both sisters should die without herein before devised to the said C. issne as aforesaid, and their issue shall be and remain to the sil B. or or issues to die without issue or issuch his said heirs. But in case

snes lawfully to be begotten," then both the sil B. and C. should de. a devine over in tail male. The Gease leaving no heirs of either of sisters like an estate for life oply, with contingent remainders to their der to their daughters in tail; rechildren. Shaw v. Weigh. 2 Str. version to his own right heirs : and 798.

then devises to another sister only 2 Testator devises property to his a small appuity. The fou: sisters

daughter Jane, her heirs and as- and the niece take several estates signs for ever. “ But in case my

for life, with several remainders te said daughter dies before she at- their sons and daughters respeetivetains the age of 21 years, and have ly; and there are no eross remainno issue, then my will is, that my ders. The presumption of law is nephew, John Hardisty, shall have in favour of raising cross remainders my said copyhold lands and tene- between twoonly, and against raising meuts.' These words held to cre- cross remainders between more than ate only an estate for life in John two; but the presumption in either Hardisty. Roe of the Dein. of Kir- case may be rebutted by manifest by v. Hölmes. 2 Wils. 80.

circumstances of intention apparent 4 One devises, “ As to all such world- on the face of the will. Perry v.

ly estate as God has endued me White. i Coup. 777. with, I give as follows :- I devise 6 “ All iny lands in (or ai) 4." are that all

my freehold messuage, ly- words descriptive of locality, and ing in G. to M. R. G. R. and T. R. pass only a life estate. 2 Douglas, equally."

And afterwards, a. 434, 763. mongst other legacies, he gives 10s. And this, although the testator should to his heir at law. The devisees, have marked his disapprobation of notwithstanding the introductory Lis hieir at law by a legacy of 15 words, and the disinheriting legacy Kight v. Sidebotkam. 2 Dorig. 759 to the heir, take only an estate for to 764. life, and are tenants in common. In general, if an estate is given indefDen v. Gaskin. 1 Cowp. 657. 2 initely, without words of limitation, Doug. 760.

an interest for life passes. 2 Dong. To make such introductory words op- 736, n.

erate as an enlargement of a devise 7 Devise to T. W. for life, remainder of land, without words of limita- to trustees during the life of T. II; tion added, they must be conneeled remainder to the heirs of the body with such derise. Ib.

of T. W. ; is an estate for life, and The court will make great use of the not an estate tail, there being words

introduction of a will in favour of of restriction, that 7. W. shall not the clear intention of the testator, sell for longer than bis own life, and in favour of creditors, to make aud the estate being devised to that

a real estate liable to debts. Ib. intent. Perrin v. Blake. 1 Black. I give to one,“ in fee simple,” or 672. 4 Burr. 2379. my estate,” tantamount to words of 8 Devise to receive rents and profits linitation.

during the lives of the testator's 5 One devises his lands to his broth- four daughters and the survivor,

er for life, remainder to trustees to and to pay the same to such serpreserve contingent reinainders ; vivor and to the children of such remairder to the first and other as die, remainder the children sons of his brother in tail male suc- (after sale) in equal portions. The cessively ; remainder to his broth- four daughters, during their lives er's daughters in tail; remainder are entitled to the annual rents and to his four sisters and a niece for profits. Saunders v. Love. 2 Black their lives, share and share alike, 1014. as tenants in common, and not as 9 Devise to A. for life, and then to joint tenants ; remainder to their be at her disposal to any of her soas suceessively in tail; remain- children, gives an estate for life,

66 all


and n.

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with a power to dispose of the fee, from and after his own decease, difference between a power appen.

then to the heirs of his body, A. dant to the estate and collatteral. takes an estate for life, with a vesThomlinson v. Dighton.

1 Salk. ted remainder to himself in tail, 239:

the words, “ heirs of the body,” be10 Devise to A. and B. of all his real ing words of limitation. Hodgson

and personal estate, to be equally v. Ambrose. 1 Douglas, 339 to 345, divided between them, or the longest survivor, paying his lawfuldebts, 17 By this devise, viz. “ I give and and, after their decease, to the demise to A. her heirs and assigns male heir, gives A. and B. only a forever, all my lands at B. and I couditional estate for life.

give and bequeath to A. aforesaid demise of Cole y. Weston. 2 Black. all my lands at C.A. only takes 1215.

an estate for life in the lands at C. 11 Devise to B. and his heirs lawful- and the reversion shall descend,

ly begotten, viz. the first, second, although the will begin with these aud every other son of the body of introductory words: 6. For those B. and the heirs of the body of such wordly gonds and estates wherewith first son, &e. B. takes only an es- it bas pleased God to bless me," tate for life. Laro v. Davis. and contain a legacy of 1s. to the Str. 849. 2 L. Raym. 1561.

heir at Jaw. Right v. Sidebotham. 12 A. by will gave an annuity to B. 2 Duug. 759 to 764.

for her life, to be paid to her out of 18 So, though a will begins with like certain lands by his executor; and introductory words, and then the then devised those lands to C. and testator gives all his freehold teneappointed C. lis executor. Held, ments lying in G to A. B. and C. that C. took an estate at least du- 66 to them, my sister's sons; and ring the life of the annuitant. Jen- then, amongst several pecuniary kins v. Jenkins. Willes, 650.

legacies, leaves 10s. to his heir at Qu. If he did not take an estate in law; 1., B. and C. take only for fee? Sernb. Ib.

life, and the reversion descends. 43 Uuler a devise to A. for life, Denn v. Gaskin. 2 Doug. 760, 761.

and after, his decease to the male 1 Cowp. 657. children of 1. s!ceessively, and to 19 So, where there are similar introtheir heirs, and, iu default of such ductory words, and the testator male children, to the female chil- gives his house to a younger son S. dren of A. and their heirs; and in and after the death of S, to A. and case A. die without issue, then to B. sons of S. and a legacy of 1s. to B. (the elder brother of A.) in fec. the husband of his heir at law, A. 1. takes only an estate for life. and B. only take for life, and the Ginger d. White v. White Willes, reversion descends. Right v. Rus348.

sell. 2 Doug: 761. 14 Absolute devise, no averment can So, if, after a similar introduction, the

be admitted of trust for supersti- testator gives all his real estate to tious uses by statutes of frauds. his wife for life, and to his son P. The King v. Lady Portington. 1 after his wife's death, all his land Salk. 162.

at W. and, among several legacies, 15 Devise of lands to charitable uses 5s. each to all his grandchildren,

not in writing, or without three among whom were his heir at law, witnesses, is void. Genner v. Har. P. shall only take the land at W.

per. In Chanc. 1 Salk. 162. for life, and ihe reversion shall de16 By devise to A. for life, remainder scend. Ib.

to trustees to support contingent re- 20 Yet such introductory words are mainders during A's life, and, niaterial in the construction of a will. Maundy v. Jaundy. 2 Doug. than a life estate ; for bere is no

760, n. 21 J. devised his estate real and per

general intent to create an esiate

tail, as coutra-distinguished from soilai, in trust to trustees for his brother B. and his first and every

the particular intent to give an es

tate for life to the first taker ; but other son in lail male ; failure of a single intent to create a succes. such issue to his brother C. and his sion of life estates to persons not is first and every other son in lail male, &c. &c. in all the foregoing

esse, wbich the law will not allow, Seaward y. Willock. 5 Erst

, 193. cases without impeachment of waste, 23 A. devised two houses to his wife other than wilful;" and directed for life, and willed ihal on payment the repewals of a leasehold estale of a sum of money to the wife by to be made by the the tenant for B. (one of his sons) B. should share life ; held that B. took only a life equally alike with the rest of his estate, with remajuder in tail to his brothers and sisters C., D., and E.; children, and that the devisor in- and if any of his children should tended to use the words “ first and

die, then the share of him or her every other son” as words of pur should go amongst the survivors ; ehase. Doe d. Phipps v. L. Mul- held that the children D., C., D. grave. 5 Term Rep. 320.

and E. took only estatcs forlife uader 22 Under a devise to 3. for her natural life, without impeachment

the will. Goodtitle d. Richardson v.

Edmunds. 7 Term Rep. 635. of waste, rerrainder to trustees to 26 Under a devise to " 1. for life represerve contingent remainders, re

mainder to his first and other sons mainder to the heirs male of the in tail inale, remainder to the use budy of 1. to be begotten, severally, of all and every the daughters successively, and in remainder one &c. as tenants in common, and in after another, according to senioriiy, &c. the elder of such sons and

default of such issue, to the use of the heirs male of his body being al.

the righỉ heirs of the devisor," an ways preferred before the younger

oply daughter took only an estate

for life on the death of J. without of such son and sons, and the heirs

Hay v. The Earl of Cora male of their bodies; and in default of such issue, to the daughter ansi 2 By a devise to S Nash, son of 7.

try. 3 Term Rep. 83. daughters of the body of J. as ten- and M. Nash, for life, remainder anis in cominon in tail, remainder

to trustees, &c. remainder to the over: held J. only took an estale for life, and that the words heirs

first and other sons of S. Nash, and

the heirs male of his and their mule of her body were explained by

bodies respectively, and for default the subsequent words to me an first and other sons.

of such issue, to the use of all and Goodtitle d. Sueet v. llerrin. 1 East, 264.

every the daughter and daughters 22 The words heirs male of the body

of the said T. Nash, on the body of

the said M. his wife begotten an may be construed to be words of purchase, if they are clearly so in

to be begottes, and for default of

such issue, to the use of the right tended to be. 16.

heirs of the said T. Nash forever; 24. Under a devise “to A. for life, and after him lo hiş eldest or any

a daughter of T. Nash only teek other son after him forlife, and after

an estate for life. Denn d. Briddo

v. Page. 3 Term Rep. 87. issue male as shall be leirs of his them to as many of his descendants 28 A. devised to B. preacher of the or their bodies down to the tenth dition that he should eneration, during their natural lives :" held that 4, took no mere

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meetinghouse of C. for life, or can

premises to trustees, to take place after B.'s death, for the use 39/


support of the preaching the word fee, to the sons; that the devise oof God at the meetinghouse forever, ver to the surviving children was a and in case the preaching there good executory devise. Jackson ex should be diseontinued, then over to dem. Decker and others v. Merrill. a charity school; held that B. took 6 Johns. Rep. 185. an estate for life, though the devise The words children, includes both sons over after his death would be void and daughters. Ibid. by stat. 9 G. 3, c. 36. Doe d. Phil. The word estate, in a devise, is suf.

lips v. Aldrich. 4 Terin Rep. 264. ficient to pass a fee. Ibid. 29 A devise to trustees of a reversion 31 If lands be devised to another,

in land (after payment of debts, &c. with directions to him to pay, a which were found to be paid) to be gross sumn out of it, the devisee applied by them and their succes- takes an estate in fee, without any sors, and the officiating ministers other words, though the sum paid for the time being of a methodist does not amount to a year's rent of congregation, as they should from the land ; and tbonghi the payment time to time think fit to apply the of the sum is postponed. Ibid. same, is not a devise to charitable 32 A., by his last will, devised as foluses within the stat. 9 G. 2, c. 36, lows : “ As touching such worldly and therefore held, that the trus- estate, wherewith it hath pleased tees were entitled to recover at law God to bless me, I give, devise, and however the court of chancery dispose of the same in the following might afterwards direct the appli- manner and form: “ First, I give cation of the trust fund. Doe d. to Jeremiah, my eldest son, 401. to

Toone v. Copestake. 6 East, 328. be levied out of my estate ; to my 30 A. by his last will, devised as fol- son Jacob, 40l. &c. ; to iny daughlows : “ Now for settling my tem

ter E. 5 dollars, &c. to my youngest poral estate, &e. I give and be- son, James, I give and bequeath a queath unto my three daughters, certain lot, &c. Also, to my beG. W. and S. to each of them 35 loved son, Henry, I give and bepounds a piece, which I will and queath all this certain lot of land require my three sons shall pay out which I now possess, with the farmof my fast estate, when it shall fall ing utensils," &c.; and added, " all into their hands; the first of all, I' these legacies beforementioned, to leave my loving wife Anne, the sole be paid on the 1st of May, 1805, possession of all my estate, lands, and to be raised and levied out of goods, and chattels; which she

my estate," and then appointed his shall enjoy, as long as she shall 800, Henry, and another person, liis continue my widow; after it shall executors. It was held that Henry fall to ny children, I will and re- took an estate for life only, it being quire my three sons, to pay each of contingent, whether the devisee their sisters 35 pounds a piece, as

would be chargeable with the paysoon as it shall fall into their hands; ment of the legacies. Jackson ex they shall pay unto each sister as dem. Harris v. Margaret Harris. 8 they shall come of age, and if any Johns. Rep. 141. of my children die before they shall 33 T. B. begins his will," and as to come of age, their part shall be di- what worldly estate I am blessed vided among the rest,” &c. Two with, I dispose of as followeth :" of the sons died under age; and 2nd then he devises, 1st, 6 To his one of the daughters afterwards di- son J. B. a house and plantation ed, without issue. The third son where the testator then dwelt, &c. also died, leaving issue ; it was to have and to hold unto the said held, that the wife took an estate

J. B. his heirs and assigns forever, for life, with a tested remainder in he paying," &c. 2d, " To his wife

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