A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 1
A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 1
Edward Burtenshaw Sugden
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(2) 1 Jarman, Wills (2d. Am. Ed. ) 180, to 182. [*200] OF A DEVISE OF AN ESTATE CONTRACTED FOR. 237 seemed ground to contend that it would not revoke the will, because the agreement could operate as a revocation in equity only ; and therefore, if equity would not sustain the agreement in respect of which the will was held to be revoked, there appeared *to be no solid reason why the devise of the estate should not take effect. In Onions v. Tyrer (5'), the Lord Chancellor held, that a second will..., devising lands to the same person as the former, and revoking all former wills, but not duly executed, should never revoke the former will so as to let in the heir (1) ; iiay, if by the lat- ter will the premises in question had been given to a third person, it should never have let in the heir, in regard the meaning of the second will was to give the second devisee what it had taken from the first, without any consideration had to the heir ; and if the second devisee took nothing, the first would have lost nothing.
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