The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-19 00:00:00

TNN AND OTHERS V. BRAVLIII, AND OTHER.

was as appeal from the Vice-Chancellor, who had di.
r' • lan issue, but the Counsel on both sides agreed that the
sis. ion could not be supported ; and they consented that
- Hite ease, as well the exception to the Master's re-
s the merits of the question, should conic, at mice be.
le • s Lordibip. It turned entirely on the construction of
Seesaw, for the Plaintiffs (who alleged themselves to
t.- t erten), stated the facts. The testator, Richard 8011,.
. 6. sers-atley, lace-dealer, bs a will, dated September vo,S
IGO. prepared and drawn talix himself, after providing fur
certain debtuieß to hh Wife the taterest of his property in Use
forty was not to.be sold, u 'I may wi4st
• sister, ltschsiel Beaver, and My triWie
nephew, Beaver, whom I leave as executor." He
also La SO his wife the annual profits of the shop trade,
~,esstmo the stock not to be teaselled, and to be her's for lift,
sad her lame singly " Bolt," to be kept over the door ; the
busfuss to be managed 'by Richard and Rachael Beaver, with
11, • re's approbation, if living. After his wife's death, the
i 3. rs were to have equal Awes in the profits of the busi-
rx., •sr their lives, and the survivor to base the whole. They
acre le be the particular heirs alter the wife's death. The
dock not to be divided, as the profit or interest only was
to go to them. Mr. guidon stated that under this very blue-
• crim, will his clients, as the next Klan, must succeed to the
..ditAsed-of residue of the testator's property. As far as any
•lesta, is could be elicited from the devising clauses, Escheat
and Richard Beaver bad only a life interest in the profiteer
Use sksisposodin the residue of the fended property they had
nu Interest stall, iouniuch as the expressions "'may sdl it"
wets eat solletenUy positive to pass it to them. The be-
quest .l a lilt interest in Um loaded property to the wife was
1 drill e; whilst, with respect to the other parties, it was may
isd.eative of a posibility. Nothing could be more dangerous
''it' f r the Court to 'make that an absolute, which at most
tit a conditional gift. The words " particular heirs"
sot heirs general, but merely heirs of the wife. The
Tor the three persons named has only a life iutercst.
st Loeb Cnudeausin—" This testator seems to have beets
• ra stistocratie ins his dispositiou, from his desire to enamor-
' • 4 le trading pursuits of his laasily".
'lsamu followed Kr. Sugdea ass the same side.

Mast, for Foster, the nes), sof kin, acid that the will
very obscurely worded, ghat the executor did nut
•,• - beams to fouled his title, whether as'a legatee or ax
01 ex ingot having a beneficial interest. With relied: to
t 1: art girths will which relates to trade, the festal r
~.otrly Wirt to gllftird sdpport to the Itigatees by keeping ou
• eh . 'The of property be evidently eunbidered
. There was an indecision of purpose is
• id-with regard to its ultimate disposition. " I in.iy
'sews that ho had an intention of doing so at some
igid, bet that be suspended such Intention for the
e.. With reforeeoe to the disposal of the shop and
:, • . was quite otherwise. There tbo positive bequest
~,,i • he intoation clearly.

Mc Remises on the same side, contended that the words
t spay will" did not
.pass the funded property, and it re-
filling therefore, wedesposed ef. The will is an imperfect
• .taim'est, aid es far as the fascia aro uoacerncd, Richard
d iatestate. The will dues nut dispose of tlie residue

...02111 CIIIANCELLOII—" The testator meant to give his
*.ve a widow's Interest iu the funds, and oleo in the stock in
'ode. No one coo believe that this paper is the maws cos.
• irtril a ill."
Mr. if 'sowers., for the Defendants, said, that the testator
hest try accident discovered a work entitled Erery Man his
owe Lawyer. from which he derived so much illumination
that be immediately set about redochig his knowledge to
practice, and thought no object more eligible than the label-
. Akio.' Of his oww will. The result of his labours was ap-
parent is this very siuguLsr production, which his Lordship
was Do* called urns to explain.
The Itailellitoulins.i.on—i.l wish the man was here io per-
son to dolt, for I cosies it seems likely to be no very easy

Mr. SI44.OWILL, is eontioluttioo.-11is first intention was
h. (ive has wife a life interest in the property, and after bcr
Death to make Racibael and Richard Bearer his legatees.
These ihst bad been in his employ, and had rendered him
:iota efsittentien and services, which ho thus recompensed.
lie created a community of interest between the three lega-
tees. The trade was to be carried on by than, and he wished
it to be cautioned because by it he had unwired all his pro
perty. " I hlity will," Mr. Sbadwcll admitted to be merely
prospective; hilt it must be explained by the whole wilt, it
shews as inespinnt intestion to be carried into elect ,at the
Litter part of the will. Thus " particular heirs." meant the
particular 'serous pointed out by the testator as heirs alter
his wire's death. Skilful as this ingenious laceman had been
in dinging obsettrlly over his testament, he bad not entirely
disguised his intention in favour of Mr. dbadisell's clients.

Mr. Parrs followed for the widow.
Mr. flout fur the executor—This is the testator's will ;
it n as made is lota, mad hedient in telt ; it has been formally
vro%ed, sad there is evidence to prove that be was seen read-
in; it to his We, and beard to esptaiu bit intentium to her.
'Mere is as.. evidence to prove that be bad said. front time
to time, that he intended to make Richard Beaver his heir.
Now, as far as the succession to the testator's property is in-
truded, heir mid executor menu substantially the Num. thing.
The Learned Counsel them proceeded to read extracts from
the answers to the interrogatories, to prove what the inten-
tions of the teatbtoe bad bee..
Mr. Kansas 'ratted al considerable length on the same
side.

Mr. Snooty ruplied.
The Lon, Cnasosuon—" Gila ina the depositions, and I
dill pronounco ay opinion on Friday as weU as Isaa."