The Law Reports volume 1

Cover The Law Reports volume 1
The Law Reports volume 1
Incorporated Council of Law Reporting for England
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some application to that question, but the governing rule is, that the intention of the testator must prevail, in so far as that in- tention is expressed, or can be reasonably ascertained, from the whole clauses of the deed. " These cases were not decided on the authority of the civil law, though some mention of it was made incidentally. Nor do they otherwise support the contention of the Appellants ; for they are distinguishable from the present case, not only in the clauses and language o
...f the deeds, but in the nature of the thing that was the subject of contention. In neither of them was there was any com- petition for a right of fee directly involved. In both of them the question was, whether the annual proceeds of a fund were to be wholly paid to the life-renters so long as any of them survived, or whether upon the death of each life-renter a portion of the annual proceeds was to be set apart and accumulated till a future period^ for the benefit of those who might ultimately become entitled to the fee.

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