The New York herald., 1871-12-23

Lnxa nssprc'". "e Ion Of the single sentence we
ssso ss,s ..soted acove layman VINO attempted 10
wrong. lie would probably begin by taxing the
language In its most literal sense, utterly needless
o. the iegal pitfalls surrounding him He IN m'gns ~
suppose that as "realn and personal" estates are
both mentioned In the same sentence the testator
had both descriptions OF property In MS mind al inc
have been so, ana one Of the parties In Inc Iecent
sun says t was so, but the Judges are us.,nea ,, m
Chiei Justice Monalian confessed that the
case mad puzzled HIM; indeed, 'or long un,e nc
meant the real and personal estate TO go together
Even now he has come to decision rather unon tne
ndgment the CourL oucna 70 me % upo
may really have Intended Legal autnoriies arc
agreed that where codlc revokes me beguest IA q
taxable i smS,u manner - Now Whatever view may be
taken Of tue testat0rs ientlons Will not be con-
pressed ia language as full and ample as It
might have been The Court also laid stress on
the TACT that the codic IN which one OF the ladies'
was interested. WAS evidently prepared by pro.
fessonal man,n whereas the one IN dispute was
s'i % ssAsS "a ss s sscss Esu that ths 81 la Rassa;
reply meant TO dispose OF those enormously large
sa sa ss was al@s @ fySss wsa 70 Il e IN hf sms sss
Tnis argument is not absolutely conclusive. 1t
might lie accepted with confidence IN the case OF
the majority OF mankind but the Marquis was, II
nol eccenric a. all events very unlike the mass Of
...S ASssow n.Va eoSs Vn0n nv oASS"sSu suo Fss1-
tcliar c0dtci ne may have had special reasons for
NOT informing his professional adviser OF The fact
though 50, II Is pity he DID not take the trouble
70 expreSe ms Intentions at greater length. The
Chief Justice SAYS this word 'real' In the coQicii
the ono word on which alone Sir Richard Wallaco-s
claim rests--kept him ut bay for cen-iueraole
me, but at last ne got clear or the dcuiy ny thls
line OF reasOning:-
The testaor, in making this bcques either forgot the
act CLAUSE bearing of residisry begueE In the viii
the residue OF all bio personal property, owha not
be did not perfectly know what the construction OF it
Ar. Justice Keogh observed that a codici, from
lts very nature, should be taken as part OF VIII,
case ne was or ophlon that the c0dlcl did hot
|;sS SsSa ~ IA Ss
Judges four In number, Is significant II not decisive
as 20 the legal bearings OF the case but 1t is not
surprising to hear 1t stated that the plainlln In.
tends TO appeal against their decision. sir
Richard Wallace considers himself b0und to
90 Wnat ne can TO carry out what he
PeleYes TO be 1.-THE intentiOnsr or the
late Mafluisx his motives are not nkely to be mis-.
c0nstrned. He has proved In a thousand ways that
great wealth In his nands would not be abused. 1t
70 satisfactory 10 know that, whatever may be the
Issue Q the present suit will have ruin as one
" lts possible consequences. Sir Richard received
f30Q 000 under the Will OF tue LATE Marquis SO that
at the worst the loss OF the estates In Down and An
trim Will not oeggar him. 1t is as well to place this
cQniingency right in the foreground, because IN
actions at law sympaihies. however creditaDle 10
those enteftalning them, are very properly treated
Rs not ol the slightest consequence.