Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ... those casos. Miller v. Rowan (3) was decided on the (1) 1 S. & S., 69. (4) 10 Ves, 522. (2) 5 CI. & F., Ill (5) 1 Johnston, 612. (3) H., 99, f (8) L R, 6 Iq, 419.: 3 A Scotch law only, not on the English. This bequest must be treated 1870 disjunctively, and the Court would have to docide what kind of Emkhk. alms are for the benefit of the soul, and if it so decides, that it Judah does what the Court of Chancery would not do. It appears there Aaron Htb was a residue of upwards of thirty thousand rupees, and it kkiel could hardly have been the intention of the testator to leave Jcdau. such a large residue to charitable and suporstitious uses only. Mr. Evans for Sarah Belilios, argued in the same interest, and cited Ommaney v. Butcher (I). Alms for the benefit of the testator's soul cannot bo put any higher than a private charity, and the Court will not carry out a charity of this description--Nash v. Morlcy (2). (Upon Mr. Kennedy rising to reply, Mr. Piffard objected, on the ground that as no evidence had been adduced on behalf of the defendants, the plaintiffs had no right of roply. Makkby, J.--This is in the nature of a special case, and I am of opinion that the plaintiffs havo a right of reply. Besides, here Mr. Kennedy could not anticipate the arguments of the side opposed to him, and it is right that an opportunity should be given to him to answor the defendant's arguments.) Mr. Kennedy, in reply--A long list of cases has settled the rules for the construction of documents, and one of the'rules is that if the Court cannot understand an expression made use of in a document, it ought to take extrinsic evidence--Attorney General v. Shore (3), A will is no exception to the rule--Shore v. Wilson (!). Hero if the Court cannot...