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Select Cases And Other Authorities On the Law of Property volume 5

Cover Select Cases And Other Authorities On the Law of Property volume 5
Select Cases And Other Authorities On the Law of Property volume 5
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Lord Selborne, in Waite v. Littlewood, mainly relied upon the general intention of the part of the testator to keep the propertj" in the family. He seems to have meant that wherever there was a failure of a particular stirps the share of that stirps should accrue to the other stirps and go in the same manner as the original shares.
Upon consideration of all the terms of this will it appears to me that we must give to the words used their ordinary and natural meaning, and it does not appear to m
...e that giving them their ordinary and natu- ral meaning, any unreasonable or capricious intention will be attributed to the testator.
Bramwell, J. A. I am of the same opinion. I do not presume to express any opinion upon the authorities ; but for them I should say that the case was not arguable. 1 1 Followed by Hall, V. C, in In re Homers Estate, 19 Ch. D. 1S6 (1881), over- ruling, it would seem, his previous decision in In re Walker's Estate, 12 Ch. D. 205 (1879), and by the Court of Appeal in In re Benn, 29 Ch.


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Select Cases And Other Authorities On the Law of Property volume 5
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