English Ruling Cases volume 10

Cover English Ruling Cases volume 10
English Ruling Cases volume 10
Robert Campbell
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1).
Devise. — Construction. — Rule in Shelley's Case.
[* 2] * Devise. — To W. (a natural son of the testator's sister) for life, and after his decease to the heirs of his body in such shares and proportions as W. By deed, &c. Shall appoint; and for want of such appointment to the herrs of the body of W. Share and share alike as tenants in common; and if but one child the whole to such only child, and for want of such issue to the heirs of devisor. Held — that an estate tail vested in William by
... this devise.
The rule is, that technical words shall have their legal effect, unless from subsequent inconsistent words it is clear that the testator meant otherwise.
This was an ejectment brought in the Court of King's Bench against the plaintiff in error, to recover the possession of ten- ements in the county of Stafford.
This cause came on to be tried at the assizes for the county of Stafford, holden at Stafford, on the 16th day of March, 1815, before the Honourable Mr. Justice Dallas, when the jury, by the consent of the parties, found a special verdict.


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