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No. 5. such intents and purposes, and with, under, and subject to such powers, provisos, conditions, restrictions, limitations, uses,trusts, and declarations, as will best and nearest correspond and agree with the uses, trusts, powers, provisos, conditions, restrictions, limitations, and declarations, hereinbefore limited, declared or expressed, of or concerning the hereditaments

&c. before

declared

and limited

of and con

ceruing

ingly; for he thought that this clause was to be considered as executory and directory, and that it was for that Court to direct such conveyance as would make the interests in both species of estates, correspond as far as by law was practicable, or in other words, as far as the settler or testator could himself have done; and it was plain he might have limited them to A. for life, remainder to his first son, and the heirs male of his body, and if such first son died before the age of 21, and without issue male, remainder over to his second son; he might have made the same limitations over to all the other sons, and in default of such issue, he might have limited the remainder over; and in case no son had lived to attain the age of 21, the remainder would have been clearly good. It was said by Lord Hardwicke, that that was the common and known way of conveyancing in settling chattels, and that where things were directed to go as heir-looms with an estate, or in case of a marriage settlement, or the like, so far as they could by law or equity, it was very proper it should be left to the court to settle the conveyance. See Gower v. Grosvenor, Barnardiston's Rep. in Ch. 54. and Trafford v. Trafford, 3 Atk. 347. But other cases have held that these words," as far as the law will allow," do not necessarily import a desire that the chattels should be kept in the channel of succession as long as the ingenuity of conveyancers might contrive; but that they must be understood as being meant only to direct that estates may be taken in the personal property as nearly correspondent as the law allows, having respect to their different natures. And this was Lord Thurlow's opinion, in Vaughan v. Burslem, 3 Bro. C. C. 101. who there held that when the first son came into esse, he was absolutely entitled under such a directory clause; see Foley v. Barnell, 1 Bro. C. C. 274. It appears that Lord Eldon had considered the question as settled by the two cases of Foley v. Barnell, and Vaughan v. Burslem, for in the Countess of Lincoln v. the Duke of Newcastle, 12 Vez. Jun. 218. he said that if he had decided that cause originally he should have decided it according to Vaughan v. Burslem, as considering himself bound by that case,

the free

hereinbefore devised and directed to be settled as aforesaid, No. 5. (other than and except the said terms of 99 years, and 2000 years hereby limited, and the trusts thereof), but so as such leasehold premises be not considered as an interest vested in equity, in any person who would become entitled in equity to the whole interest therein, until such person shall attain 2000 years)

and Foley v. Barnell, though he would confess he thought Lord Hardwicke's the better doctrine. He acquiesced in the opinion of the other Lords who modified the decree upon the principle laid down by Lord Hardwicke. In the said case of Lady Lincoln v. the D. of N. the tenant in tail having arrived at 21 before the cause came on upon the appeal, it was only necessary to determine that the leasehold estate should be assigned absolutely to him, and all the succeeding directions of the decree which had prospectively carried on the limitations upon the plan adverted to by Lord Hardwicke, in Gower v. Grosvenor, were left out, so that the decree, as it finally stood, affords no precedent for the form of the limitations to be adopted in order to carry into effect the directory clause above-mentioned. His Lordship said that according to his opinion, the best principle would be that the testator ought to be considered as furnishing the Court with all the means of enabling the party to tie up the property, not as long as the rules of law would admit, but to that convenient extent which would enable the Court to execute the general primary purpose of the will or settlement to carry together the real and personal estate. And that principle clearly was not executed by the manner in which it was proposed to be done by the decree in that case; for by Lord Hardwicke's method, and the method pursued in the decree, it was not to go over upon the simple contingency of the death under 21, but upon the event of the son's dying under that age and without issue. Now under this form of limitation the son might upon arriving at the age of 14, bequeath the estate subject to the contingency of his dying under 21, not leaving issue, and supposing he died intestate, under 21 leaving issue, that issue male would not take the leasehold as he would the real estate, but the leasehold would be part of his general personal estate, which might go to the next of kin and equally to the wife with them. And if the going over were made to depend upon the simple contingency of the dying under 21, without regard to issuc, then if an infant son died, leaving issue, the real and personal es

hold property, (ex.

cept the

said terms

of 99 and

but so as not to be

No. 5. the age of 21 years, yet so nevertheless as not to deprive such person during his, her or their minority, of the clear rents, issues, and profits thereof. And my will is, and I do considered hereby direct, that as soon as may be after my decease, a catalogue of all my books shall be taken, and an inventory made of all my plate, linen, china, pictures, prints, furnitare, and household goods at house, such inventory to

as vested

in equity

in any per would be

son who

come en

titled in

, equity to the whole

interest therein,

person

be made by two or more persons used and accustomed to business of this kind, one of them to be named by my eldest son, and the other or others by the said Sir G. C., R. M., until such J. D., J. C. J., and J. F., or any two or more of them, and shall attain three copies at least of the said catalogue and inventory respectively, shall be made and signed by the persons taking the same respectively, one copy of which said catalogue and inventory respectively shall be delivered to my eldest son, ventory to one to my youngest son, and one to the said Sir G. C., R.

21.

A catalogue of the books,

and an in

be made of

the plate, linen, chi

na, pic

tures, tates would be separated, the real going to such issue in tail, and prints, fur the leasehold going to the next remainder-man. Lord Eldon, `howniture, &c. ever, did not suggest any other mode; and I am not aware of any other or better now in use among conveyancers. The attempt is subject to great danger and difficulty. These rules and observations apply to all personal estates, chattels, and goods where they are directed to go along with and accompany the freehold uses and estates, as far as the law will allow. And where the will directs the trustees, as to certain specific articles, to settle the same so as that they shall go with, and be annexed to the property of the mansion house, and premises, as heir-looms, the principles above considered are equally applicable. But where the will is not directory of a settlement, but limits the chattel to go as an heir-loom, it seems the first tenant in tail who comes into esse, will take it absolutely; see the Duke of Bridgewater v. Egerton, 2 Vez. 121. 1 Bro. C. C. 280 (n.) Gower v. Grosvenor, Barn. Ch. R. 54. Foley v. Barnell, 1 Bro. C. C. 274. and Vaughan v. Burslem, 3 Bro. C. C. 101. And whether a testator without interposing trustees directs that the chattels shall go as heir-looms with his real estate, or gives the chattels to trustees without words directory of any settlement to be made by them, but simply in trust to permit them to go with the manor-house, or to be enjoyed by such person or persons as shall

delivered

M., J. D., J. C. J. and J. F., or one of them; such last- No. 5. mentioned copy of the said catalogue and inventory to be kept and preserved, with the books, papers, and receipts, re- One to be lating to the trust estate as aforesaid: and I direct that no to testaarticles whatever be removed from my said house until such son E-, catalogue and inventory shall be taken and signed. I bequeath to my dear wife all the furniture in the house at

tor's eldest

one to the youngest

son, and

another to

tees.

No articles moved un

to be re

; I give and bequeath all my horses, and other the trus cattle, and other my live stock, and all my farming and gardening implements and utensils, and also all wines, liquors, stores, and provisions, in or about my house at aforesaid, to my said eldest son, absolutely; I give to my daughter L. the whole of the furniture belonging to and commonly used in her apartments in house, and to

my younger son all my books, plate, china, pictures, linen, household goods and furniture, in the chambers he now resides in or may reside in, or occupy at the time of my decease, and also [various specific bequests].

be, from time to time, under the will entitled to it, for so long time as the rules of law and equity will permit, the consequence will be the same. See the case of Carr v. Lord Erroll, 14 Vez. Jun. 478.

til such in ventory

and catalogue shall

be made.

No. 6.

Limitations in

tlement to testator's

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A regular Settlement upon the Testator's Family.

THIS is the last will and testament of me, J. B., &c. strict set- First, I give and devise all and singular my freehold manors, messages, lands, tenements, hereditaments and real estates, whatsoever and wheresoever, together with their and every of their rights, members, and appurtenances, unto J. S. and S. J., their heirs and assigns for ever, to the several uses, upon and for the trusts, intents and purposes hereinafter limited, expressed and declared, of and concerning the same, (that is to say,) to the use of my eldest son, G. B. and his assigns, for and during the term of his natural life, without impeachment of or for any manner of waste, and from and immediately after the determination of that estate, by forfeiture or otherwise, in his life time, then to the use of the said J. S. and S. J. and their heirs, for and during the natural life of my said son, upon trust, to support and preserve the contingent uses and estates hereinafter limited, from being defeated or destroyed, and for that purpose to make entries and bring actions, as occasion may require; but nevertheless to permit my said son and his assigns during his life, to receive and take the rents, issues and profits of the said manors and other hereditaments, for his and their own use and benefit, and from and immediately after his decease, then to the use of the first son of the said G. B., lawfully to be begotten, and of the heirs male of the body of such first son lawfully issuing, and for default of such issue, then to the use of the second, third, fourth, and all and every other the son and sons of the said G. B., lawfully to be begotten, severally, successively, and in remainder, one after another, as they shall be in seniority of age and priority of birth, and of the several and respective heirs male of the body and bodies of all and every such son and

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