Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law And Equity, From the Year 1785 As Are Still of Practical Utility ... 1785-1866 ..
Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law And Equity, From the Year 1785 As Are Still of Practical Utility ... 1785-1866 ..
Great Britain. Courts. [from Old Catalog]
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B. 436 (2 B. & C. 520). (3) 3 Brod. & B. 85. 494 1831. K. B. 2 B. & AD. 98—94. [r.r. Doe d. though not in the way he pointed out. But in this case, the ^, consequence of putting the construction contended for on the Gar ROD. ^jjj^ ^£2j jjg ^ prevent the object of the testator's bounty from taking the estate. One of the objects of the testator was, that the freehold and copyhold estates should go to the same person. If the construction contended for prevail, that object will be defeated ; for th...e eldest son will at all events take the freehold property. Besides, there is no sufficient evidence to shew that by the custom the youngest son does take an estate tail. The youngest son being vouched in the recovery is not conclusive. [ •94 ] *The principal question, however, is. Did the testator con- template a class or an individual? Here he points out the individual. The estate is given expressly to the eldest son of the son of Thomas Garrod. The defendant is therefore entitled to it. Preston, in reply : The fallacy of the argument for the defendant consists in this ; that it assumes that the word '* son " describes an individual, but looking at the context, it evidently describes a class, viz.
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