The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-08-19


Sims Conge, Miss 231; Warrington ToyIor
1 n J. Eo 314; Wilson Wilson, 43 Idem 90 Brooks
Kip Idem 1872 Daniels Daniels S. F. Rep 167
Whtcorth Stuckey Rich Ed 4O4; Hay Hay, Idem
$780, HUI H,d, Strob. Eq. 100; casey,
Crancl 1876; Jones NUe - Ind 337; Smith IS. Hunter
23 Ind. $50; Heard Horton DEMO 16 Fosdck Cor
neil, John. 40; Am. Dec $40
In the last cited that
deson Jockson Johns 3S2, the subject underwent
elaborate examination in the of and the authority of
the principal affirmed by majority of the but
the minority, with which Chancellor Kent threw his powerful
and distinguished influence denied its authority Referring
the of Fosdick cornell, he says Il the time
Chief of the Supreme Court and although did
write the opinion, will heler.myef under that silence
free say that partook of its But should be
worthy of public confidence if with experience and
examination, having detected myself in error should be
ashamed confess it. discovered years ago that the of
FOsdfck Cornell decided upon mistaken grounds The
court however, in this apologize for themselves, that without
much examination and without looking they should have done
deeply into the subject they led ay of the beaten
track by such distinguished leader Lord Kenyon Nowh
standing what is here said in dparagement of it, the Of
Fosdich cornell has received the highest endorsement both
in the Federal and New York In Jackson Cher II
Wheat 1863 Thompson, j. after revertng what said by
Chancellor Kent in anderson Jackson, supra, IF
this should admitted (Which certainly do admit
it which has been repeatedly sanctioned by all the
the last twenty and has pened
settled rule of law Its authority is affirmed in:
Lippat Hopkins Gall AGO; Chysc IS. Phyfe, 10 n
Y. $685. Gilman IS Reddington, a n. Y. 16.
The case of Gar7and Watt, Irede 2s7 6. ~ Am
Dec 1907 wholly unlike the at bar in its facts In
that case the testator unmarried Children and
daughters To his William and Rufus the teator de-
vised follows Il give William Watt and Rufus
Watt of land purchased Dan river to them and
their heirs forever In subsequent part of the will the tesla
says: will that if of children die without ISSUE
leaving wife husband it is will such wife husband
entitled oneaf of the property the other half to be
equally divided between other children their heirs 1t
was under the first clause William and Rufus took
estate in fee simple the subsequent clause above
quoted down fee conditional resting upon contingency
execuory limitation in order be valid not
ges against perpetuties In order to be valid shall
be limited that must vest interest IT at ALL within lie
being the period of CESSATION and q
The period of CESSATION being allowed only
where CESSATION exists it apparent that this not within
the against perpetue The fee simple conditional being
given executory limitation the survivor
the of their dying without leaving child
children is equally clear minds that the expression
used by the in the fourth clause of the WILL to w.t. III
should die has reference the contingency OF
death his lifetime but that he intended limit the time when
the contingency should happen the of the death of the
without leaving child children and
PERIOD and that the should then to the survivor
general rule that wherever the gift
takes effect possession Immediately upon the testator DEATH
survvorsp refer the date of his death and in
provide the contingency of death of the objects of
his his lifetime unless other point of time be in
Dictated will If however the enjoyment of the estate by
ultimately entitled postponed future day by
venng estate natural and make the chances of s'rv
Worship applicable o such future day
Erans GodboId, 6 Rich. Eq %; Schopper GHtam
Idem 50; Lcgae McCord Eq 443; Presley
Daris Rich Eq 1O5; Ballard Conner, 10 Rich Ed 3S9
The general when silent the words
the death of the prior egaee connection with
event. apply the contingency happening well
after as before the death of the testator"
I'd Jarnan on Wills, 1891