Outlines of Equity : Being a Series of Elementary Lectures On Equity Jurisdiction ... : With Supplementary Lectures On Certain Doctrines of Equity

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And first, under the law as existing previously to Lord Langdale's Act (a), a testator occasionally made a win sufficiently executed to pass his personal estate but insufficiently so to pass real estate. A question then arose whether an heir to whom a legacy had been bequeathed by the will might take his legacy, and also real estate which, being ineffectually devised by the will, had descended to him as heir. It was held, that he might. The ground taken seems to have been that, the will being i...neffectual as to real estate, the devises of real estate therein contained must be treated as having been blotted out.
This result appears to have been viewed by eminent judges as far from satisfactory. The chief objection lay in the circumstance that it was clearly established that a testator might, by an unattested will, bequeath personal estate, and annex to this bequest an express condition that the legatee should not take unless he gave up real estate to some one else. Thus the tes- tator might say, " I bequeath lOOOZ.


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