The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-19


but of great Importance 1t is naturally and not I'M
commonly used introducing deves after estates tan as
well after simple In Boeen Leris, L. r.
App Cas- $780, the devise T. during the of his
natural life, and his decease his legitimate child
children f there be any but if he dies without issue
to NJ 'and to her heirs and assigns for ever The
Lords apparently differed the Importance be attached to
the of the words but and her but majority held that
T. took tails also the language of the devise
B'oddhst Norris, mira. Secondly the fact that Emmas
estate expressed be for life would have made but little
difference law Such the expression in Bowen
Lepis, and Lecs PAry, supra, and in Robinson
Robinson supra it only for life but mo longer and
yet IN each held that estate tail created In
BOuen Lecis the word children used dis
tnguished from son., we'll the words during
OF his natural life but the words latter his deceas also
used At common law devise A would be for life only,
though not expressly stated If cher children here should
be construed "heirs of her body" Emmas
estate tail by the rule in Shees Case though expressed
to be for life only and though the devise children
were expressed to be afte her DEATH For that rule of
tenure and applied irrespective of the estator The
words o be used and enjoyed by her during
ura fe and her children for ever only law
would imply in the of estate tail For such
would be used and enjoyed by her for her life by her
children forever This language that would used
by layman to express his understanding of TAIL
though we should not expect professional conveyancer
such language Thirdly the form of sentence favors the
that the words question not intended to limit
Emmas estate to her life and give her children direct fee
simple for already pointed out there break indicated by
such words afer her DEATH Sin or by the
repetition of the words 81 give devise" even the word
to." The devise Emma "# to be used and enioved
by her during the of life and her children for
ever as If the tesaor merely expressing what estate was
gwen to Emma how should be enjoyed namely by her
during her life and by her children forever words as if
he intended tins as merely tenendum clause BY this con-
sructlon the nearer proposition 'by rather than the
remote proposition to- would be implied Immediately the
words her children if the remote to' were implied
would be in the in which in the common ex
preston ito A. and to her heirs equivalent to ito and her
heirs In Kendall Capp, 1853 Mass 60 the devise was
to the eaors wife, fo her ard comfort during her
natural life and to her heirs and assigns After re-
marking that the words he and assigns are the usual tecn
cal words to signify fee the court said The absence before
the words to her heirs and assigns technical phrases
Suc as after his DEATH or in remainder commonly employed
to denote devise gift in remainder and also the fact that
the whole limitation is mbroken sentence lead to tho
same result The court held that the wife took the fee not
life estate with remainder over In Roper a. Roper T. 2
G. F. 49, the said: 'he of the sentence unto nv
daughter Mary wife of Alexander Roper to her and her
children for ever clearly shows that the children were to take
through the mother and that the and her children are
words of mitaton and of purchase that
an estate tail created In BrOadhurst Norris r g.
Ad 1, the devise w. B. "and to his children lawfully
begoen, for but default of such issue at his deca
1t held that W. took an estate tail These caso
differ from the respects more favorahv
others less favorab the contention for an estate tail Int
they illustrate in some degree the effect of the form f +
sentence
The of the words 'for ever after children Is NOT
sufficient to show direct devise fee simpe TO tho child
ren although if there direct devise it wold bo @
Gent to carry the fee simple appropriately and commonly
used in the of fee TAIL well as in the case of fee 1
tor the heirs of the body we'll the heirs general nav
last for ever These words used in connection with
tail IN several of the above cited They indeed tend 70
snow that children IS used word of limitation meanno all
ISSUE not merely issue OF the first generation See Parkmon
q. BOcdOin Sumner $50