Download Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 13

Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 13. Ireland Court of King's Bench

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Author: Ireland Court of King's Bench
Page Count: 206 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781130664096
File Name: Irish.Law.Reports.of.Cases.Argued.and.Determined.in.the.Courts.of.Queen's.Bench,.Common.Pleas,.and.Exchequer.of.Pleas.Volume.13.pdf
Download Link: Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 13
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 edition. Excerpt: ...of William Roche, who died without issue male; the defendant claimed as heiress-at-law of John Roche, the tes tator. Sir C. O'Loghlen and Napier for the plaintiffs in error. William Roche, under this will, took either an estate in fee, subject to-be divested by the birth of a son, or an estate tail, with an expectant fee; and in either case there must be judgment for the plaintiffs in error. It is clear the intention of the testator was not to die intestate, but that the estate should be enjoyed under his will, and to take the reversion from his heiress-at-law; for he leaves certain annuities which could only be charges upon the property, and which could not be enforced against the heiress-at-law; and also it was his intention that the estate should remain in the Roche family, which objects would be defeated if the property passed to the heiress-at-law. The will should be read thus: -" I hereby "leave the estate, in as full a manner as I can convey it, to my "nephew Villiam Roche, to be enjoyed by him and his lawful "begotten heirs male for ever." By thus dividing the sentence, and putting a stop after'the words "William Roche," the testator's intention would be fairly carried out; and the Court will so divide the sentence as to give effect to every word in the will: Barker v. Giles (a); Doe d. Littlewood v. Musson (Q). Chatterton and R. W. Greene, contra. There is nothing in this passage to give more than an 'estate tail; and the Court will not presume an intention against the'heir-atlaw. It is argued the object of the testator was to keep the estate in the Roche family; but that object would not be carried out by giving an expectant fee to William Roche. The annuities do...

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