| William Hughes - Conveyancing - 1857 - 604 pages
...issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death...testator," unless a contrary intention shall appear by the will : (sect. 33.) Upon the construction of this statute it has been held that the issue are not... | |
| William Andrews Holdsworth - Executors and administrators - 1858 - 206 pages
...issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death...after the death of the testator, unless a contrary intent is apparent on the face of the will." A legacy left by a parent to a child can therefore be... | |
| Law - 1858 - 488 pages
...leaving issue, which issue shall be living at the testator's death, such devise shall not lapse, hut shall take effect as if the death of such person had...testator, unless a contrary intention shall appear by the will (1 Steph. Com. 560; Mower v. Orr, 13 Jur. 421; SC 7 Hare, 473; Griffiths v. Gale, 12 Sim.... | |
| South Australia - Law - 1899 - 226 pages
...personal estate comprised in it to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will, and shall equally apply to the will of a married woman made during coverture, whether she... | |
| Sir James Wigram, William Knox Wigram - Evidence - 1858 - 246 pages
...personal estate comprised in it, to speak and take effect as if it " had been executed immediately before the death of the testator, " unless a contrary intention shall appear by the will " (see Bullock v. Bennett, 1 Kay & Joh. 315, SC on appeal, 7 De GM & G. 283 ; Goodlad v. Burnett,... | |
| Great Britain. Court of Chancery - Equity - 1858 - 796 pages
...reference to the real and personal estate comprised in it, as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will. It is " with reference to the real and personal estate comprised in it" that the will is... | |
| Nova Scotia - Law - 1859 - 846 pages
...snch estate existed before testator, and any such issue shall be living at the time of the death e ' of the testator, such devise shall not lapse but shall...testator, unless a contrary intention shall appear by the will. to teĀ»- 27. Where any person being a child or other issue of 'die'be- the testator, to whom... | |
| Joshua Williams - Real property - 1859 - 496 pages
...testator, leaving issue who would be inheritable under such entail, and any such issue shall be living at the death of the testator, such devise shall not lapse,...immediately after the death of the testator, unless Devise to issue a contrary intention shall appear by the will (I). The other case is that of the devisee... | |
| Ireland. High Court of Chancery - Law reports, digests, etc - 1859 - 682 pages
...real estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will; and independent of the Wills Act altogether, no doubt the rule of law was, that when a will... | |
| Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 924 pages
...personal estate, comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will. Upon the same principle, money agreed or directed to be laid out in land will not pass as... | |
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