HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0748 and id is 1 raw text is: MALCOLM V. TAYLOR
gift, I strongly incline to think that the Court is not entitled to pay regard to them :
but I wish it to be understood that, even if I were at liberty to range over the whole
instrument, no such indications of intention are to be found. Nor have I been able to
dis-[415]-cover any cases, either at law or in equity, in which the Court has gone out
of the devise itself. If, however, any such cases exist, they would not have the
slightest bearing upon the decision of this particular question, though they might
break in upon the general rule to be gathered from the authorities, that in giving a
construction upon the bequest the Court is to confine itself to the words which
constitute and contain the body of the gift.
For these reasons the decision of His Honour must be affirmed; but it is not a
case for costs.
This case was afterwards carried by appeal to the House of Lords, under the name
of Candy v. Campbell, where the judgment of the Lord Chancellor was affirmed on
the 19th day of June 1834. [2 Cl. & Fin., 421 ; 8 Bli. N. S., 469.]
[416] MALCOLM V. TAYLOR. Rolls. Jne 23, Jul1 5, 8, 19, 1831;
L. C., Dec. 20, 21, 1831, March 10, 1832.
[See Garralt v. Cockerell, 1842, 1 Y. & C. C. C., 508 , Davies v. Merceron, 1876, 4 Ch. D.,
186; Bowen v. Lewis, 1884, 9 App. Cas., 900.]
Where real and personal estates are given together for life, and so limited over that a
child of the tenant for life would take a vested interest in the real estate at its
birth, and in the personal estate at twenty-one, being a son, or at twenty-one or
marriage, being a daughter, and there is a gift over in the event of the tenant for
life dying without issue, it is to be intended a dying without such issue as would
take by force of the prior limitations.
A testatrix, after bequeathing divers annuities and legacies, and, amongst others, a
sum of stock to M. M. to vest at twenty-one or marriage, devised and bequeathed a
West India plantation, and all the residue of her money in the funds, after payment
of the annuities and legacies thereinbefore bequeathed, and also her plate, books,
and certain portraits, to E. G. T. and M. T. for their lives equally, and after the
death of either, the whole to the survivor for life, and after the decease of the.
survivor, then unto such children of M. T. as she should by deed or will appoint ;
and in default of appointment, then the plantation and the residue of the money in
the funds to be equally divided among the said children and their heirs; and if
but one child, the whole to such child and his or her heirs, the funded property to,
be an interest vested in them, being sons, at twenty-one, and being daughters, at
twenty-one or marriage; but in case M. T. should die without issue of her body
lawfully begotten, the testatrix devised the plantation equally among all the children.
of A. W. and their heirs; and in case M. T. should die without issue as aforesaid,.
she then bequeathed her said residue of her money in the funds, and all her said
plate, books, and portraits unto J. M. for life, and after his decease to his eldest soil
for ever: but, in case J. M. should die under age and without issue, then the said
residue of her money in the funds, plate, books, and portraits unto M. M. absolutely.
All the rest and residue of her estate and effects the testatrix gave and bequeathed
unto E. G. T. and M. T. absolutely. M. T. having survived E. G. T. and died
without having been married, it was held, that J. M. took a life interest in the
funded property; that J. M. took no interest in the plate, books, and portraits, the
limitation over of those articles being too remote; that the stock legacy to M. M.,
which had lapsed by her death under age and unmarried, passed under the residuary
bequest of the funded property for the benefit of J. M., and did not sink into the.
general residue.
Martha Taylor, spinster, being seised in fee of an interest in a moiety of the
Lysons plantation, in the island of Jamaica, with the slaves and stock thereupon, and
being also possessed of a large personal estate, by her will, which was duly executed
and attested, after giving divers specific legacies to her mother Dame Elizabeth Goodin
Taylor, her sisters Anna Susanna Watson Taylor and Maria Taylor, and to other-
452
2 RUSS. & M. 415.](ViewImageLocal?handle=hein.slavery/ssactsengr0748&div=1&collection=&method=preview&ext=.png&size=3)