was reduced to 16,7007. like annuities; and, at her death, it was reduced to 16,100%. like annuities. Held that the legacy of 4,5000., "like reduced annuities," given, by the second codicil, to J. L., was not a specific, but a general legacy; and that J. W. was entitled to have 6,0007. reduced annuities transferred to him out of the 16,1007. like annuities, without any deduction or abatement whatsoever. [Johnson Johnson] 313

348

13. Testatrix bequeathed her personal estate to her sisters, or, in case of the death of either or any of them leaving issue, then the share of her so dying to go to such child or children, equally. . All the testatrix's sisters died in her lifetime, without leaving any child or children living at the testatrix's death; but one of them left two grandchildren then living, Held that the word ، issue meant ، child, or children,' and consequently that, in the events that happened, the testatrix's estate was undisposed of. [Goldie v. Greaves] - 14, So long as property to which a married woman becomes entitled under an intestacy remains in the hands of the administrator, and she and her husband have done nothing to point out, the mode to which they wish the fund to be dealt with, their child cannot enforce its equity to a settlement. [Winch v. Brutton] 379 15. Testator bequeathed his residuary personal estate to trustees, in trust to pay the interest to and amongst all the children of his brother, for their respective lives, and after their deaths, as they should respectively die, he gave the principal of their respective shares to their respective children; and, if any of VOL. XIV.

his brother's children should die without leaving any child, he gave their shares to their surviving brothers and sisters for life, and, afterwards, to their respective children, in the same manner as their original shares were given. One child of the testator's brother had three children, one of whom was born after the testator's death; and that child and another died in their parent's lifetime. Held that, on the death of the parent, the surviving child became entitled to the whole share of which the parent had been tenant for life. [Amies v. Skillern] 428

16. Testator devised lands to his son A. T. for life, and, after the decease of A. T., to his first son lawfully issuing, and, for default of such first issue, to the use of the second, third, and other son, every and the heirs of his or their bodies, the elder to be always preferred before the younger of such sons and the heirs of his body; and, for default of such issue, then to the use of all and every the daughters of A. T. and the heirs of the body of such daughter and daughters, with remainders over. Held that the first son of A. T. took, neither by construction ncr by implication, an estate-tail, but a life estate only. [Barnacle v. Nightingale] - 456 17. Testator devised his copyhold and leasehold estates in trust for his son for life, and after his decease in trust to assign and surrender the same unto and among the person or persons who, at the son's death, would be entitled to his personal estate in case he should die intestate. The son died, leaving a widow and four children. Held that they took the estates in equal fifth parts, as

hold houses to trustees, in trust, out

9.

of the rents, to pay 50% a year to his daughter-in-law so long as she should remain his son's widow, and to invest the surplus in stock, to be held in trust for his wife for life, fremainder for his grand-daughters; band after his death, in case his daughter-in-law should be then et married, oor after her deceases or -L second marriage, whenever the -batter event might happen, tossell the houses and invest the proceeds in stock, to be held in trust for his wife for life, remainder for his grand-daughters. The daughterin-law continued single, and the trustees paid her the 50l. a year out of the rents, and disposed of the surplus in the manner directed, until the lease of the houses expired. Held, after the death of the testator's widow, that the stock purchased with the surplus rents, was not subject to the payment of the annuity, notwithstanding the lease had expired. [Darbon v. Rickards] 537 19. Testator directed the trustees of his will to procure a suitable house for the residence of his children (who were infants), and to engage a proper person for the purpose of taking the management and care of the house and of his childre n,during their minorities; and he requested his late wife's sister, if she should be alive at his decease, to take such management and care on herself. Held that the testator had appointed his wife's sister to be the guardian of his children. [Miller v. Harris] 20. Testator bequeathed 800 l. in

540

trust for his daughter Sarah for

life, and after her death he bequeathed it to such of his other children as should be living at her death, equally, if more than one; and if but one such child should be then living, then to such only child ; and if all his children should be then dead (which event happened), then to his personal representatives or representatives; and he directed the to trustees to transfer the stock accordingly. Sarah and the testaov tor's other children were his next of kin at his death Held that their representatives, and not his next of kin at Sarah's death, were entitled under the ultimate bequest. [Nicholson v. Wilson] " 549

21. Testatrix, after expressing her intention to dispose of all her real and personal estate as thereinafter mentioned, gave certain legacies and appointed A. and B. her executors, and gave to them and their heirs all lawful powers and authorities to conduct and manage her freehold estates so as that the same might, at their discretion, be sold and converted into money, and the net money to form part of her personal estate; and for those and every other purpose connected with her property, whether real or personal, she invested them, and the survivor of them, and his heirs, executors and administrators, with her full authority; and she directed that any undisposed of surplus of monies should be paid as she should by any future writing or will direct. Held that the real estate was converted out and out into money, and subjected, in common with the personal estate, to the payment of the testatrix's debts and legacies. [Flint v. Warren] 22. Testator gave all his real and personal estate to trustees, their

554

heirs, executors, &c., in trust to pay, divide, and distribute the income, ›rents, interest, and profits unto and equally amongst all his children, whose names he mentioned, and such other children as he might have, or as should be in ventre de sa mere, at his death, share and share alike; the shares of his daughters to be paid to them, half-yearly, for their separate use; and if any of his children should die in his lifetime without leaving issue, he gave their shares to the survivors, but, if leaving issue, then to their issue; and, in case any of his children and their issue should die in the lifetime of any husband or wife with whom his children should have intermarried, he gave their shares to his surviving children and to the issue of such of his children as should be then dead; it being his will that none of his sons' wives or daugh

ter's husbands should become heirs to their children's property, and that none of his children should sell any part of his estates. Some of the testator's children died in his lifetime, but without issue. Held, first, that each of the surviving children was entitled to a share of his property, not for life merely, but in fee. Secondly, that the gift over in case any of his children and their issue should die in the lifetime of any husband or wife with whom his children should have intermarried, was too remote. [Hodson v. Ball]-558

See LEGACY.-MISDESCRIPTION.

PRECATORY TRUST.-REMOTE-
NESS, 3.

WITNESS.

See DEFENDANT, 2.-Evidence. -NEXT FRIEND.

J