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![handle is hein.slavery/ssactsengr0917 and id is 1 raw text is: X CLARK& FINNELLY, 532 REG. V. MILLIS [1843-44]
contemplated some event, that there was some idea floating in his mind that the gift
which he had so intended [532] for the eldest son, might not take effect, by the death
of that eldest son in his own lifetime, or some other event floating in his mind, and
that then he meant to express an intention that these several familie1 should succeed
in the order named. It is quite sufficient, however, for the present purpose to say,
that those words cannot cut down a gift which, in its terms, is sufficient to convey
the absolute interest. On these expressions, therefore, upon the words of the gift
itself, my opinion is formed that there is enough, according to the rules of law, to
give the absolute interest., and that there is nothing in the other parts of the will
sufficient to justify a Court of Equity, or any Court called upon to put a construction
upon a will such as this is, in cutting down the interest, and introducing, instead of
that larger interest, an interest of a smaller description. I will not proceed on the
ground of these gifts being that sort of obligation on the legatees which would
enlarge the interest, if it was not before given, because according to the construc-
tion put upon the will it is immaterial to consider that; the terms in which it is
given being sufficient to give the whole.
Then it is impossible to look at these codicils and not to see that the testator
thought that some, at least, of those persons who were to take under his will, would
take an absolute interest, and not merely estates for life. There is scarcely one of
the expressions suitable to the situation of a tenant for life. It is perfectly true
that there were two tenants for life, who may be, or probably were, included in the
description of these codicils. All these expressions indicate some person having the
power of disposing of the property; he speaks of the heir; he speaks of the person
who inherits the property; expressions not t533] at all consistent with the supposed
intention of the testator; namely, that he meant to give only successive estates for
life.
It appears to me that there is not anything in this will sufficient to justify the
construction contended for by the Appellants; and on these grounds, therefore, I
am of opinion that the judgment should be affirmed.
Lord Campbell :-I am clearly of opinion that this judgment ought to be affirmed.
I think it is quite enough, after what has fallen from my noble and learned friends,
to say that the words of this will clearly give an absolute interest in the personalty to
the eldest son of George Byng, of Wrotham Park; and I find no words at all to cut
down the gift of that absolute interest.
Lord Brougham :-This is so clear a case, that I think the Respondents should
have their costs.
The decree was then affirmed, with costs.
[534i THE QUEEN,-Plaintif in Error; GEORGE MILLIS,-Defendant in Error;
and THE QUEEN, Plaintif in Error; JAMES CARROLL,--Defendant in
Error [February 13, 14, 16, 17, July 7, Aug. 10, 11, 1843; Feb. 23, March 29,
1844.]
Canon Law-Marriage-Practice.
[Mews' Dig. i. 354; vii. 633, 634, 643, 646. S.C. 8 Jur. 717; 17 Rul. Cas. 66. Fol-
lowed in Beamish v. Beamish, 1861, 9 H. L. C. 274. Commented on. in Exeter
(Bishop of) v. Marshall, 1868, L. R. 3 H. L. 35; Phillips v. Eyre, 1870, L. R. 6
Q. B. 25; Mackonochie v. Penzance, 1881, 6 A. C. 446; In re De Wilton (1900),
2 Ch. 481; and, as to ruie semper praesumitur pro negante, cited in Anderson
v. Morice, 1876, 1 A. C. 751. See as to marriages (i.) in Ireland, 7 and 8 Viet.
c. 81; 26 Vict. c. 27; 33 a -' 34 Vict. c. 110, ss. 32-42; 34 and 35 Vict. c. 49; (ii.)
in England, 4 Geo. iv. c. 76, 6 and 7 Will. iv. c. 85; 19 and 20 Vict. c. 119, s. 11.]
A., a member of the Established church in Ireland, went, accompanied by B., a
Presbyterian, to the house of C., a regularly placed minister of the Presby-
terians of the parish where C. resided, and there entered into a present contract](ViewImageLocal?handle=hein.slavery/ssactsengr0917&div=1&collection=&method=preview&ext=.png&size=3)