New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-08

aa III
ieCe 'Ce net 'um $1,000 cut q tie properly N, ed
eAustsr ElE.e.h AID u,.en TIE ls,.te ns.si 10 tss
t,rGt After be- dsoe~e Ez.b,tA Tsr revoked %. ssss
go ieeee N ,hs WI q Der fher wha.m ..se
the or,in les1y ana se- ss-d y Z. se 80. h, .ss
ss,me .vesed Interest on tis decess- trss.nbs % As
90 n pre.sLt stives CsihArire on hs' cs'ese
TO the iessmentay insIunents thS h- words Ia
tcSr,e Adn!s;IsI.s Assigns. eont.ped IN the Iessel
o. and not isrPs O. parsA.:e OF Of 'aS.' q
When the eeaise b. died eeier. TIE ,ss.s0; tasy .s
II toe AL the iesec
i.s Sos :. %o.- had c.Ssnse ded 5-orv William. ssec
be doubt Der lesssy would hsvr 4ed not
The enjoyment Of the bquss, been PSned 70
sogeues AID ia determining whether tie stor IN.
trctc ;1e gscy rt on bis de.sse and before tas Arva
directed made Cs haine Jane Der executors Uais
i.nior sne ssssps to aid tor her and ht1 80. We .nt
to the le,a representative. by wy OF substilutiOa.
In he next place i oev,u. sa lad hi. been pare .aA
o. tie e,.1sr. Eis.eeb Legacy woad ssvs We. Cd
the ds.a .TS 90 sss :ss,... q G.a.n. s.y' Do
dsstooe. ard heque.t ap,u.. on IN o.';s q d.sstss
c. 1885, BlspStw GocOut S 'e'ey, T.. st. PSkhsuse ~
G,esory, HArv SIS ,,,,,
ID, deficiency failure OF The l.sey 70 aef uaaer
the will trsbh 10 either OF in'acis tssetS
etnI!,e Uneer wIi ~m r-Ial. TO toe s'seo Tss
terms which hi. sum siven eieen1y broad .aS con-
While s~-apiur whether OF net this ves'ed legacy
must lay out OF the requests made By Iirs-
beth IN nyor Of Cs,b. issue e completely w,saa
option Of the orme 70 dp % her e.te to suit hr ewn
pleasure legal effect Interpretation Of Der faa.rs
viii carrot depend upon her conssruc on Of
sst instrument Asa matter Of legs. science the Ase mrs -
or allowed stand unIeyokd in either Of saeh set-
b,upty The alter .hcn is single pro-
position this the estAtor deceAsc vrsod OF a.
SSSM s,s been % derived from tSs cis .S With ,os
d hOweI that we have as .eop'ed all the nice r.,
aapAn rttlO IT he
have inclined nshint lee ache. vested wsea
sSS S With OnOn ,ppsrnt upon the face Of "a. -
Geney speaking may safely be said thu whepever By the
cases when ey The civil law The legacy
Al by opr rulsit is considered simple End absolute
Coz ditto either positive nesaive-ihI 10. they iu'
vove he Of fstare event
condition prececn suspends vesns Of the legacy and
the esate- die before the eventaA'ion OF the eonaaa As
esscy t'd. .,.u ..,.,,
ori,y lapse. il be ole before ase tweu,yone ads
event which never occurs 50 beauess to
hed; and likewise beqasst to A. provided HI. sds~ go
@ he ,s Die ssS!' the % ss,.
d1ecs'i kgaturs eat sub eOndOse' (Dis lib S. ~ L
The element which make. condition is cortsssney.
that OF double character, uncertainty whehs the
viii be living 1t will hsop-n. The lesscy under
sderaion uncertain In tho former sense Is oens IN
the will of Elizabeth but was no1 uncertain In tue sstsr
The ess Ds sca BE-
failure of the legacy by I'll zsbeth TO Cahsne 'uid Of ne
cee&f "
the IL siee had survived ensn the would have
tanned the death of the tetensn but
ae dedbeo then the event woui have been ssceroe4
al her death such b,que sosnds only condition, bat u
treated in the civil law simple legacy: .
$1,000 she shall receive .lss.y Of $1,000 h:a
T. 1t cetsin on the death Of before E that sss
receive the legacy from e. and she therefore osoonse
entitled o receive 1t from the tesator.
have the condition In the bequest under the viii Of
wDsm Ter negative and consists N tue sveat OF 6e
ssee taking under the viii Of Elizabeth No nsssve
therefore, the
Lns by the leaaee or TO the .s.t-e tasoesa
thus puts the case (Dig IS tit L. 1857; 81 is0atus &C.
Tito post deem a, no. dot 'a. 40 ss,ss ne edssa
qria noyisnts eosdio ern IL 1. thus
phed by his il not determined before legacy.
therefore, bsed the nth that the donee shall not
By the dcsth Of the former before the I.,tsr essY
sseertained on the death OF the iesntte; The es-
sssue.t to A. on hi, desh Is valid This msnt seem to Do
suog' but i eonsonsnt with the rules Of tue ey law
co.dons when framed has hsy., .. ys:% 's S,e.t
10" ooaSs @ @
Legacy be .vn les,t.e when he .ba de this esacy
was THE moment Of death may be considered ret the time
of life and IL h the l"i moment OF he >" MOTT" so"ssis.
This point thinking It the last moment OF lite,
p .S.s be,we.n life and death PotSc remarks oas
'juss have sdp pied the first opioon," and adds that
rsp.ms.bs to hi. representatives. and n not conditional
cer.sin will while tbs lssatee living since
es, may said legacy becomes due ct the
instant ,ne evelt t.hes place there esreax
the legacy Without entering Ito such 'aotlcties sess
pres the viii and upon the intention OF the essstor.
who unless be has sde his bounty to depend upon the srv
int, ndns the he GIT which be bias connected to-
seihsr eode~ insa. Tos according 10 Psnian.
pndiOp which may happen dOnsos death but only
% s vii Thr spp.n r. @aa
That theei. no nconsuity aegcy 70 become due on tie
Chase 2COm, the save hi, wife tho OF
properly for hf and tey her decease esscy Of
Sus
vesd interest under the iessors will 70 be pad ssr the
,ition property after death Is ~ viii. aud marriage
bequ. OF ra.idas been lyrsu-
bait ast UrqubsIt 10 Simon 6l3 Scott sst Moore Hid So
Nor should overlook strong and imperative
s. ,, G sssn ss sS ss
disappointed IN the rec.P OF che Legacy DE %
BIZ ia nd Of ss Drs S. N and Of .sSss
ont OF his own estate The idea certainly tina. In
v,d the become. the duty Of Tho Court to see S.s
In shall the gift fail BE- possible % sustain With
tent the Enjoyment Of the bensacon postponed
convenience Of the life tenant but the was clearly
indicated that Of the other Of these two eAtso
sloteO should be received by the donee must therefore.
that the legacy Of the tesator wm Teu In hs
adopted daughter the time Of her DEATH and became trans
1t ursed however the legacy the issue Of Cs,hsns.
svsn by the will Of Elizabeth er constituted equitass
satisfaction ofthe aft to Catharne under the will Of Won Tor,
rll But the difficulty IN applying the doctrine OF equitable
perform that Csths es deeease nights 10
opl deyoved hei husband aud not on her ISSUE
and si the latter cannot therefore b. held sstsfactioa
vested In the former The lefsces dderene
rights and belong 70 different parties Had not been
tb. circumstance think houd have had uesiss.iss
in dez issue would not take both essciss but -
clear that the administrator Of Csths
be declared entitled 70 the legacy under the VII Of
the te,ator william TerrI However much this concusieo
be regretted under the circumstance IL duty 70
abide rules Of law bend them TO avoid psrcu-
lar hardship having deernued that the legacy given ~