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![handle is hein.slavery/ssactsengr0651 and id is 1 raw text is: RIDLEY V. WILSON
Lord Hardwicke, C., was of opinion, that the words in case the said Ann shall
die without issue, after my decease, &c., are to be construed from the tenour of the
will, dying without issue at her death, and not dying without issue generally. In
the latter case the devise over [73] would be void, as in the case of Dormer v. Lord
George Beauclerk (2 Atk. 308) ; by the former construction the devise over in the
present case is good.
(1) See C'ooke v. De Vandes, 9 Ves. 197. Shepherd v. Lessingham, post, 122.
Bodens v. Watson, post, 398, 478. See the Cases collected by Mr. Roper, in his Treatise
on Legacies, 2 vol. 393, et seq. Fearne's Cont. Rem. 444. Barlow v. Salter, 17 Ves.
482. Massey v. Hudson, 2 Mer. 130. Lyon v. Mitchell, 1 Mad. 467. Elton v. Eason,
3 Mer. 73. Murthwaite v. Jenkinson, 2 B. & C. 358; 3 ib. 191.
(2) The words of the will as stated in Lib. Reg. were all the residue of my estate
real and personal (my debts being first paid), I give to J. C. on this trust and con-
fidence, that he shall sell and dispose of all my estate, the half part to be given to the
said Ann Prince, if a widow; but if not, then her share or half part to be laid out
in good securities, in the name of my said trustee, and the interest thereof to be paid
to her separate use ; and the other half part of my estate to Thomas Jacob, and in
case either of them die without children, then the whole to go to the survivor of
them : but if either of them have a child living at the time of my death, then the
moiety or half part to go to the child of either of them so deceased, and in case my
said daughter in law, Ann Prince, happen to die without issue after the time of my
decease, that then her share of my estate shall go to my niece Sarah Bicknell. The
bill was filed on the death of the testator. Ann Prince was married, but without
children. J. Jacob was still a Bachelor. It does not appear in Lib. Reg. that the
testator had any real estate. Decree, half to J. Jacob, and as to the other moiety,
it was declared to belong to Ann Prince to her separate use, subject to the contingency,
that in case Ann Prince should die without issue living at'her decease, that then the
last-mentioned moiety would belong to Sarah Bicknell, -and the said moiety was
directed to be invested in the public funds in the names of trustees, to be approved
of by the Master, the interest to be paid to Ann Prince for her life, and after her
death, any person entitled thereto was to be at liberty to apply.
Case 31.-RIDLEY against WILSON. In Exchequer. June 18, 1749.
Forfeiture by stat. 4 & 5 Ph. & M. on a woman marrying under 16, is during her
husband's life, and not during her own. (See 1 Bro. C. C. 23. Hicks v. Gore, 3
Mod. 84.) (The editor has searched the records of the Court of Exchequer for this
case, but can find no trace of it there.)
Question upon a plea, Whether by Stat. 4 & 5 Ph. & M. ch. 8, the woman who is
married under 16 forfeits her estate during her own life, or during her husband's
life only 7 and Court of Exchequer held clearly, during her husband's life only, which
is contrary to a dictum in Ratcliffe's case, 3 Co. 39 a.
Case 32.-Ex parte BUTLER, in the Matter of EDWARD RICHARDSON, a Bankrupt.
Aug. 4, 1749.
The place of Under Marshal of London is saleable under a commission of bankruptcy.(1)
[Order-book, 1749, fo. 60. S. C. 1 Atk. 210, 216.]
Two questions arose on this petition :
1st, Whether the assignees under the commission of bankruptcy against Richard-
son could lay hold of the salary and profits of the office of Under Marshal of the City
of London, which had been granted by the Lord Mayor and Aldermen to the bankrupt,
quamdiu se bene gesserit 7 (2)
2d, Whether the assignees could alienate the office ; that is, take the whole profits
in the lump by anticipation?
Lord Ilardwicke, C.
This practice will prove of great ill consequence to the city and trade, if persons,
when their circumstances are failing, can sell off their goods, and buy a place which
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