The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1862-06-12

time die, or cease to be- If this was not
supposed then why extend the period of
Limitation to twenty one years thersof'er.
After what? After the death of the
persons then in being. The whole OBJ
iect of this section is to fx period be-
vond which the absolute control of prop
erty shall not be suspended. THIS can.
not be done if the term ''persoas' named
in the statute includes corporations that
never die for then there would be ne
period of limitation.
The statute intended to fix certd,"
Limitation upon the suspension OF the
mower to absolutely control property
| The Limitation will not be the same perl
cd in every case because some persons
live longer than others, but all natural
persors are certain to die. While they
live and for twenty. one years thereafter
(after their death) is the period of lImi-
tation. The period of time is certain to
expire but if the statute included corp!o'
rations that may die bu: are not certain
to do 50 tho period of limitation would
not be certain. 1t would depend upon .
contingency that might never happen
whether the period of limitation expired
or not, and if it did not happen then
there would be no limitation al all Such
a construction would be manitestly IN
violation Of the evident meaning aud in
teutiou of the Legislature.
The direction in the viii is that the
land "may n:rer bo sold" The power Of
alienation is forever suspended. This is
certainly sa:ps ed Ind H. ass,lats power
than is allowed by the statute
Again when the word persons" is
spoken Of in legislative acts, natural per-
sous will be intended, unless something
appear 10 the context to show that it ap-
plies to artificial persons. Scam p.
17s.}
Our statute contains nothing that goes
80 show that Artificial persons are meant
but I thiuk the words of tie statute
show that they are not meant. 1t says
''during the lires Of persons then in be-
ing" &c. Now corporations do not live.
They have legal existence but they do
not live 70 1.-Two eg have hfs is to have
the vital principal; to have the bodily
fauesons in operation or in capaeity to
, operate: az respiration, circulation CT
blood, secrc:ions, &c, This statute there-
fore refers to the lives Of natural persons
and makes every disposition Of property
void wLieh suspends the absolute con-
troll over the same for longer 'period'
than during tie lives Of Natural "pcr-
sons" then in being and fox twenty one
years thereafter. Here is limitation
on the perpetuity Of estates. The limi-
tation is during the lives &c. Or fo'
period os time no. exceeding the drra.
ton Of the life Of natural person then
in being and fos .venty-one years thcr"--
after. Allowing the life to last one hun.
dred years the period will be Que bun.
dred and twenty one years, which be-
licve to be about as long as it is likely tc
be in any case 1t follows then, if The
power to control absolutely is suspended
by the will for a longer period, that the
deposition is void Ia this case The
, absolute power to eontrrl the property j;
suspended forever, which is for "a very
} long, indefnate time beyond one hund
red ana twenty one ycars.
The origin Of statutes against Pcrpetu
- - i-~--- r. IA E.-1sl4I-l 90, lagssrr
gate, IN consequence whereof the land.
became inherent in one " dead hand"---
IN an artificial person that could not b,
the laws of England convey, thereby per
petHat'ng the estate in the corporations
to which the lands were devised 0. con-
veyec. 10 prevent the perQetBa,iop OF
estates IN corporations in Elrlana III 9
statutes Of p,ortnsats were eEas,od Nv
Parliament.
Our statute is statute Of a,orts,oj,-
statute to prevent property hecomipc
inherent IN zone dead hand"-in L4sd
that has no power-n this case Lv rho
terms OF the will-to convey. 1.-THE court
should undertake to modify the will ga &C
to authorize the comfy to convey The
lands, the will "oalG not then he the v;II
Of the testator. 1t is the dutv of ,la
Court to interpret, not to max wills f,r
testators '''
The "disposition,' then. Of IT,, ,n3,
attempted to Be be1ucathed to the conn.,
ty, is void and they must % :, The %e;r.
at law OF The sesta.or. Tie dclYarrsr is
sustained. -
WILLIAM E. MILLER, Judre
GRANT SMITH. R1CHxAs4 qpo w.. :,
MIL JOHN =. CoOE, Atty. fo- I1..,,is, w. II :
l.. ALLEN J. II. RoruR0,x tr.rfa ,a.n