 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1817 - 634 pages
...v. Dalntry, d T. A'. 3 1'1. (*) 9 f«. V>3> (I) See Mot r. Jefery, per Lord Ktnym, 7 7,R, 595. 1815. that the failure of issue intended by the testator...failure of issue at the death of the first taker, and DANSEY against particularly so, because the persons to whom the reraainder over was given were then... | |
 | GEORGE MAULE AND WILLIAM SELWYN - 1817 - 640 pages
...intended by the testator was to. DAV " T against particularly so, because the persons to whom the re-> - be a failure of issue at the death of the first taker, and GiurpiTHi. . , . , . . raamder over was given were then in existence, and only life estates were given... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1841 - 1068 pages
...existence, and life estates are only given to them. Now, taking all this into consideration together, it is impossible not to see that the failure of issue intended...death of the first taker ; and if so, the rule of law is not to be controverted." In Doe dem. Smith v.. Webber (b), the testator devised and bequeathed real... | |
 | New York (State). Court of Chancery, Oliver Lorenzo Barbour - Equity - 1849 - 730 pages
...class was sufficient to show that an indefinite failure of issue was not intended by the testator, but a failure of issue at the death of the first taker ; and that the limitation over to the surviving legatees was therefore valid. Held alsti, that the bequest... | |
 | Law - 1850 - 600 pages
...survivors of them, to be equally divided between them share and share alike. The court held that this meant a failure of issue at the death of the first taker, and not an indefinite failure of issue ; and one of the reasons given by Lord Kenyon for this decision... | |
 | Sir Edward Ebenezer Kay, Henry Robert Vaughan Johnson - Equity - 1856 - 850 pages
...interval after the death of the first devisee. Lord Hardwicke says, the gift over was to take effect upon a failure of issue at the death of the first taker, and a period was given afterwards in which to make the pavment. Part of the report in Aikyns is exactly... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1867 - 916 pages
...general failure of issue at any time, but were used by testator in a restricted sense, as importing a failure of issue at the death of the first taker; and that, accordingly, the effect of such devise over was not to cut down the estate of the first devisee... | |
 | Law reports, digests, etc - 1883 - 812 pages
...something clearly demonstrating a different intention on the part of the testator, and restricting them to a failure of issue at the death of the first taker. And the circumstance in this case, of the devise over to the three daughters, being general, without words... | |
 | John Chipman Gray - Personal property - 1891 - 1022 pages
...are on\y given to them. Now taking all this into consideration together, it is impossible not to sec that the failure of issue intended by the testator...death of the first taker ; and if so, the rule of law is not to be controverted. It is merety a question of intention, and we are all clearly of opinion... | |
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Now taking all this into consideration together, it is impossible not to see that the failure of issue intended by the testator was to be a failure of issue at the death of the first taker ; and if so, the rule of law is not to be controverted. 
