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T A BLE

OF THE

CASES REPORTED

IN THE FIFTH VOLUME.

The Cases which are printed in Italics, were cited from MS. Notes.

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Page Page Brown v. Boyn

309 321 0. Koill

164 98 Bruce d. Bainbridge

1 475 Butler, Darbishire 0.

198 280 330

C. 331 482 Carr, Plaintiff ; Phillips, De209 mandant; Evans, Vouchee 557

Carrington, Peake o. 176
Carter, Davenport v.

16 Case, Davidson v.

116 Chad v. Tilsed

185 1 Charlton v. Driver

39 331 Childs v. Monins

282 23 Christie v. Lewis

211 98 Truscott o.

33 473 Cole, Gates 0.

554 71 Collyer v. Mason

597 483 Cooper, Johnson o.

472 527 Curtis, Upton v.

201 183 290

D. S09 622 Daly v. Brooshoffe

72 307 Darbisbire v. Butler

198 72 Daubigny, Morris v. 319

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Bainbridge, Bruce v. Bamfield v. Anderson Barford u. Stuckey Barry, Abbotts v. Bassett v. Osborne Bayly, Gigner v. Benton, Maberleyo. Bond, Gray o. Bowden v. Waithman Bowles o. Perring Boyn, Brown o.. Bray, Johnson v. Bromley, Nicholl o. Brooshoffe, Daly v. .

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Palmer, Handford v.

74 Peacock o. Purvis

79 Peake o. Carrington

176 Pearson, Doe, d., v. Roe

73 Perring, Bowles v.

290 Perrott, Wood o.

63 Phillips, Demandant ; Carr, Plaintiff ; Evans, Vouchee 557

Demandant ; Field, Tepant; Rolfe, Vouchee . 98

Fermor v. 184 (11.) Plummer, Luckett v.

538 Pratt, Winsor c.

484 Pritchard, Tankerville (Lord)

346 (n.) Purvis, Peacock v.

79

Tankerville (Lord) v. Wingfield

. 346 (n.)

v. Pritchard

946 (n.) Taylor, Williams v.

472 Thomson v. Adam

280 Tilsed, Chad v.

185 Times, Demandant; Mere

dith, Tenant; Edwards,
Vouchee .

474 Tomlinson v. Day

558 r. Wilkes

172 Truscott o. Christie

33

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Rattenbury, Attwood v. 209 Ravenor, Hudd v.

542 Rawtree v. King

167 Regulæ Generales 310. 637

Waithmau, Bowden v.

Lazarus u.

183 313 ERRATUM.

1

Page

Page Warmsley o. Macey . 52. 168 Williams o. Taylor

472 Warter v. Hutchinson 143 Wiltshire, Smith o.

S22 Webber, Plaintiff ; Grey, Wing field v.

Tankerville Deforciant. 94 (Lord)

346 (n.) Westley v. Jones 162 Winsor. o. Pratt

484 Whitehead v. Howard 105 Wood o. Perrott

63 Wilkes, Tomlinson 0. 172 | Wright o. Ager

330

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Page 198, line 7, from the bottom of the marginal note,

for defendant read plaintiff.

ARGUED AND DETERMINED

IN THE

Courts of Common Pleas

AND

Orcheguer Chamber,

IN MICHAEL MAS TERM,

IN THE FIRST YEAR OF THE REIGN OF GEORGE IV.

GEORGE EVANS BRUCE & Another v. BAINBRIDGE.

1820. A case, of which the following is the substance, was. Devise of all sent by the direction of the Vice Chancellor, for the opinion and personal of the Judges of this Court:

estates to his

brother in fee, The Reverend Lewis Bruce, D. D. by will, bearing date whom he apthe 22d of October, 1778, and duly executed and attested Cutor and resito pass real estates, after directing that all the debts that he duary legatee.

By a codicil, should owe at the time of his decease, or that should appear reciting the

testator's will and the death of his brother, and that the testator was possessed of considerable fortune, both real and personal, he, after a devise of a term of years in Ireland to his nephew J.B., .devised all his estates and lands in Hertfordshire, Finchley, and Middlesex, to his nephew G. E. B., and certain other lands in Ireland to his nephews L. B. and C. B.; and afterwards directed that his said nephews should not be entitled to the possession of the estates until they respectively became of age ; and that, if one or more of them should die before attaining twenty-one, then he devised the estate of him or them so dying to his nephew J. B. and his issue lawfully begotten; and if J. B. shonld die without issue, then to his next brother G. E. B. and for default of such issue in G. E. B. to his nephew L. B., and his issue, and in default of such issue in L. B., to his nephew C. B. and his issue: There was a similar limitation to his nephew S. B. and his issue, and for default of such issue, to his niece C. B. and her issue, under such restrictions and limitations as she should think fit to dispose of the same amongst her issue “ it being the intent of the will to prevent waste, by making the several children of devisor's deceased brother tenants for life only.” The codicil then gave powers for devisor's nephews to make reasonable settlements on their wives, and to dispose of their respective estates among the issue of such marriages as they should think proper to limit and appoint. He then bequeathed the residue not disposed of to his nephews and niece aforesaid, except his nephew S. B., to be divided among them equally at their respective ages of twenty-one; the shares of him or them so dying to go to the survivor or survivors of them :-Held, that G. E. B. took an estate for life only in the lands situate in the county of Hertford, devised to him by virtue of this

will and codicil. VOL. V.

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