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

could take effect If had issue,
in such and defeated the limitation I altogether.
On the other hand if died without male ISSUE remainder
vested in him, and took other;
neither was by its terms to wait until the other should have
taken effect and afterwards been determined
Wash. Real Property, supra.
We have that by the first clause WILL devees
take in fee simple BY the fourth this
rendered deteinabe the contingency their dying without
leaving child children and that contingency vesng
fhose 'tmai"i"g (Which the surviving
devsee by of executory devise We unmndful
of the rule announced by all of the authorities, that where
ngency limited depend of freehold which is
capable of supporting remainder shall be construed
be executory devise This rule however has been
srued either England this include where
the title of the first akeri Gas in this cae fee simple deermin
able the happening of contingency and the contingency
definite.
Abbot ct ur. ESSEX Co.. How. 2O2.
By constituting this will to invest fee simple the de-
vees defeabe contingency eav-
ing child children and that contingency vestng the
survivor by of executory devise, full
declarations the first clause
that for their heirs and representatives forever and
what believe be his manifest intention
struction of the whole will, without emendation.
The famous of Pes Brooch Gro JAG 500 decided
nearly three centuries ago, essentially different It's
facts from the bar has been called the Magma Charta
in relation the principles which settled and said has
been cited almost frequently executory
before the and always with probation In that Viii
liam Brown devised lands Thomas Brown his second and
his heirs forever and if Thomas died without issue, living Viii
ham, his brother that then William his brother should have
those lands to him and his heirs and assigns forever All the
Judges agreed that this good limitation of the Will
liam that contingency not by of immediate remain
der for they all agreed that could be by remainder AS if
devss land and his heirs and if he died ISSUE
that should another repugnant to
the estate; for could anoter
for the law doth not the determination of the fee his y
without heir and, therefore, appoint remainder
begin by determination thereof But by of contingency of
executory devise another determine the
to another act to be performed failure of per-
Torrance thereof for the might be- and always
allowed.
The point of that of Haubu,y as Cock
rW 1st Roll Ab In that case A. having two sons 3 and
o. by several venters and being seized of Bakacre
devised Backacre fee B, and Wheacre fe
with provso that if it should please God either of his
to die before such time they should married. before thew
should attain their of 81 years. and without their
bodies be begotten then he gave all the which he
by his WILL such of his decease before
his marriage or before their of 21 and without
their bodies the survivor of his over in
this held good executory devise.
The next case is that of Heath Health Bro Az
ward Heath devised to his William estate until
Edward should attain his of % years longer He
afterwards said: 'Item give and bequeah Edward Heath
all in II and forever if have son or
who shall attain p. But knsnan Heath
should chance die without inherit my will is
that the of William Heath shall inherit" was de-
emined by Lord Turow that Edward Heath an estate
in fee, subject executory devise
ing without ISSUE of his dying under age years
Another is Doe Wcton, Pull 324 In that
person devised copyhod his daughter Susan
Sanders and her heirs and assigns forever but his daug
should happen die leaving child children lawful
of her body living the of her DEATH gave
devised and bequeahed all the said copyhod premises to
and his heirs Edon and the other Judges of the court of
Common Pleas held that the whole having Susan