The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1878-06-08 00:00:00

A WILL CASE.

In the High Court of Justice (Chancery Division)
before Vice-Chancellor Sir Richard Maline, the case of
"Smyth v Smyth" has been heard, in which an interest-
ing question arose upon the construction of the will of
Henry Smyth, by which he gave two legacies of £lOO
and £5O, and then continued,

"And lastly I give my sheep and all the rest, residue,
moneys, chattels, and all other my effects, to be equally
divided among my four brothers, John, James Richard, and
William Sinyth, whom I hereby constitute and appoint as the
sole executors, to this my last wilt and testament,"
This was the entire will, and the question was
whether certain freehold property, which had been
devised to the testator by his father a few months
before his son's death, passed under this will to his
four brothers.

Mr. J. Pearson, Q.C., and Mr. E. Harrison, for the
heir at, law of the testator, contended that as there
was no allusion in the will to real estate, and no words
showing an intention to give anything but personal
property, the freehold property could not pass under
the bequest contained in the will.
Mr. Hinde Palmer, Q.C., and Mr. W. Karslake,
for the legatees, contended that there was an evident
intention on the part of the testator to dispose of all
his property, and not to die intestate a to any portion,
and that the words were sufficiently comprehensive to
include the testator's freehold property.
The Vice-Chancellor said in the construction of wills
it was always the object of the Court to carry out the
intention of the testator, if the words were sufficient
for the purpose. He had no doubt whatever that this
testator intended to give all his property of every de-
scriplion to be divided between his four brothers.
There were, no doubt, many old decisions to the effect
that the heir could not be disinherited except upon
an expressed intention by the testator to do so,
and this doctrine was carried so far that frequently
the evident intention of the testator was entirely
disregarded. In later years, however, a more liberal
construction had been put upon the words used by a
testator, and when there were words sufficiently strong,
the testator's intention had always been carried out.
His lordship had, on a previous occasion, decided that
the word "effects" would carry the real estate which
a testator was possessed of, and he found other deci-
sions which he believed were equally strong. There-
fore, he should decide that the words used by the tes-
tator—" I give my sheep and all the rest, residue,
money, chattels, and all other my effects "—were
sufficient to pass th,s testator's freehold and, as well,
personal property, and an order to that effect would be
made.

The small-pox epidemic is abating in Maidstone,
there being no fresh cases during the past week.

Sir Thomas Watson, in the current number of
The #ineteenth Century, recommends vaccination direct
irons the 2alf. He quotes Dr. Gregory and Mr. Estlin to show
that "the vaccine lymph, hy passing through the bodies of
many persons, loses, in process of time, some essential part of
its activity." It is estimated that one calf will supply enough
lymph for the vaccination of 400 persons and another calf to
succeed it as illource of further supply; and Sir Thomas says
that the calf, niter its useful services, is none the worse for
the butcher.