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" every will shall be construed with reference to the' real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator;" but it did not alter the character of the devise in... "
Reports of Cases Decided by the English Courts: With Notes and References to ... - Page 496
by Nathaniel Cleveland Moak - 1876
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A Practical Treatise on the Law Relating to Trustees: Their ..., Volume 646

James Hill - Trusts and trustees - 1845 - 704 pages
...enacts, that every will made after the 1st of January 1838 shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect, as if made at the death of the testator : And by the 25th section such real estate, or interest therein,...
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A Treatise on Copyhold, Customary Freehold, and Ancient Demesne ..., Volume 2

John Scriven (serjeant at law.) - Copyhold - 1846 - 750 pages
...shall have power to dispose of by will at the time of his death (s)." Sect. 24. " And be it further enacted, that every will shall be construed, with...executed immediately before the death of the testator, unless a contrary intention shall appear by the will(t)." Sect. 25. " And be it further enacted, that,...
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Abridgment of Cases in the Prerogative Court Under the New Statute of Wills ...

Edwin Edwards - History - 1846 - 146 pages
...• i /• beconstrued the real estate and personal estate comprised in death of the , , , . ftomthe it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the Will. testator, XXV. And be it further enacted, That,...
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The Equitable Jurisdiction of the Court of Chancery: Comprising ..., Volume 1

George Spence - Civil procedure - 1846 - 708 pages
...will is to speak and take effect with reference to the real and personal estate comprised in it (d), as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will (e). A residuary devise, unless a contrary intention...
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A Treatise on the Law of Legacies, Volume 2

Roper Stote Donnison Roper, Henry Hopley White - Legacies - 1847 - 1000 pages
...every will (made upon or after the 1st of January 1838) shall be construed, with reference to the real and personal estate comprised in it, to speak and...executed immediately before the death of the testator, unless a contrary intention shall appear by the mil. The ground upon which the cases in this section...
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The Legal Observer, Digest, and Journal of Jurisprudence, Volume 34

Law - 1847 - 650 pages
...24th section of the same act enacts, " That every will shall be construed with reference to the real and personal estate comprised in it, to speak and...executed immediately before the death of the testator," at which time the daughter was married. Will not the will and codicil, under the 34th section, be construed...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1848 - 572 pages
...Sect. 24. "And be it further enacted thtt every will shall be construed, with reference tolb« real and personal estate comprised in it, to speak and...executed immediately before the death of the testator, unless a contrary intention shall appear by the will." TRINITY TERM, 1848. the very day he was making...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 2

Ireland. High Court of Chancery, Thomas Jones (Barrister-at-law), Edmond Digges La Touche - Equity - 1848 - 852 pages
...The next section, the twenty-fourth, in like manner enacts, that every will, as to real estate, shall speak and take effect as if it had been executed immediately before the death of the testator ; but this does not apply to a rill executed before the 1st of January, 1838. Now the twentythird section...
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Principles of the Law of Personal Property: Intended for the Use of Students ...

Joshua Williams - Conveyancing - 1848 - 402 pages
...estate has always been considered as speaking from the death of the testator; and it is now expressly enacted that every will shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately...
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A Practical Treatise on the Law of Perpetuity: Or, Remoteness in Limitations ...

William David Lewis - Perpetuities - 1849 - 238 pages
...by the act, is to be held to speak. The words of the 24th section of the 1 Vict. c. 26, are—"That every will shall be construed, with reference to the...executed immediately before the death of the testator, unless a contrary intention shall appear by the will." The point suggested by this enactment is, whether,...
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