1856. BEGLEY บ. Соок. the duration of the estate was intended to be the period of the natural lives, that is, the natural life of the three. But in many cases, although that is the effect of the words used taken per se, yet if the Court found that the intention of the testator was, that there should be no distribution of the capital until the survivor of the three should have died, then, by implication, although the words "in equal shares" create only a tenancy in common, the Court has held that the estate goes to the survivors and survivor. That appears to me to be the effect of the cases. Here the testator gives one-third part of the principal sum to the children of each of them his said two sons and the said William Begley Cook, in equal shares and proportions, when and as they should respectively attain the age of twenty-one. Now with respect to the question, whether I can imply the word "respectively" with reference to the gift of the life interest. The will shows that the testator perfectly knew the proper meaning of that word; for, when speaking of the interest of the children of the three sons, he does use those words in their correct sense. He shows, also, that he understood the use of the word several, for he said that the money was to be paid to the several children as they should severally attain, &c.; and the testator having shown that he knew how and when to use those two words, the Court will not, unless driven to it by the scope of the whole sentence, imply those words where the testator has not used them. It appears to me that the testator, when he used the words from and after the decease of his two sons and the said William Begley Cook, did not mean from and after their respective deaths; and I cannot import or imply that word when I find that the testator, in a subsequent part of the will, has used such words; and I think the gift over was not intended to take effect until after the death of all the three tenants for life. In one respect, certainly, the words are not very correctly used, because one cannot strictly speak of the death of three persons in the singular; one cannot speak of three persons dying at the very same time. In Alt v. Gregory the words were more correct, "after the deceases." On consideration of that case, the Lords Justices did not give effect to those words, by reason of the force of the gift over, which was not to come into operation until from and after the deceases of the several parties. It appears to me, in the construction of this will, that the period at which there was to be a division of any portion of the fund, was not to arrive until the decease of all three. And I am of opinion, that the gift is, in effect, of the income during the lives of the three, and of the survivors if one should die, in equal shares, and of the whole to the survivor for his life; and upon the death of the survivor, the whole fund to be divided into thirds: so that the children of each would take a one-third share, the children of Thomas Begley would take one-third; the children of Francis Begley onethird; and the children of William Begley Cook the remaining one-third. Thomas Begley left no child, and there being no provision for that event, his one-third falls into the residue. 1856. BEGLEY v. Cook. 1856: 11th Nov. Estate Tail. leasehold estate LEWIS v. HOPKINS. A testator gave LEWIS WILLIAMS, being possessed of certain leasehold estates for the residue of a term of 999 years, made his will, dated the 3rd October, 1799, in the following words: to trustees, on trust for his son "I give and bequeath unto my said trustees Lewis Williams and William Parry, their executors and administrators, all those my messuages, tenements, lands trust to support and premises called and known by the several names of contingent remainders; and Pentwyn-Troscoed and Tir Kenol, situate, lying and subject thereto being in the hamlet of Troscoed, in the parish of Gwenddwr, in the said county of Brecon, to hold the on trust for such son for male of such to the second and other sons life; remainder same respectively, with their several and respective apfor the heirs purtenances, unto the said Lewis Williams and William son; remainder Parry, their executors and administrators, for and during the term of thirty years, to commence from and immediately after my decease, upon the trusts and to and for the several uses, intents and purposes hereinafter mentioned and declared of and concerning the same (that is to say), upon trust and confidence to the end, intent and purpose that they, the said Lewis Williams and William Parry, their heirs, executors and administrators, skall and may receive, perceive, dispose and employ the rents, issues and profits of the said messuages, tenements, lands and premises respectively for and during the said term, and the same when received to apply to the uses and other children of the testator tail in the son of Benjamin; and, being personalty, he would have taken an absolute estate. purposes following (that is to say), in the first place to pay and discharge all such debts and sums of money as shall be due and owing from me at the time of my decease, and, after payment of my just debts, then upon trust that they the said Lewis Williams and William Parry, their executors and administrators, or the survivor of them, his executors and administrators, do and shall receive the rents, issues and profits of all and singular the said premises so devised to them, and the same lay out and continue at interest upon the best security or securities that they can get for the same, and shall and do accumulate and improve the same yearly by making the interest thereof principal, and to bear interest until the several legacies hereinafter by me given and bequeathed, and hereby made chargeable thereon, shall be satisfied and paid; and from and immediately after the said legacies shall be paid, satisfied and discharged, or immediately after a sufficient sum or sums of money shall be had and received for that purpose by and out of the rents, issues and profits of the said premises, then I give and bequeath the said premises, and every part thereof, with their appurtenances, unto the said Lewis Williams and William Parry, and their heirs, for and during the term thereof to me granted yet to come and unexpired, at and under the rent by the lease reserved, upon trust that they the said Lewis Williams and William Parry do and shall permit and suffer my son Benjamin Williams to have and receive and take the rents, issues and profits thereof, and of every part thereof, to and for his own use until the son of my said son Benjamin (if he shall have a son) shall attain his age of one and twenty years; and from and immediately after such son of Benjamin shall attain his age of one and twenty years, then I give and bequeath the said premises to the 1856. LEWIS v. HOPKINS. 1856. LEWIS v. HOPKINS. said Lewis Williams and William Parry, and their heirs, in trust to preserve and support the contingent uses and remainders hereinafter limited from being defeated or destroyed, and for that purpose to make entries and to bring actions as the case shall require; but, nevertheless, to permit and suffer such son to have, receive and take the rents, issues and profits thereof for and during the term of his natural life, and after his decease to the heirs male of such son, and for want of such issue, to the second, third, fourth, fifth and all and every other son and sons of the body of the said Benjamin lawfully to be begotten, severally, successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth, and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing, the elder of such son and sons, and the heirs male of his body lawfully issuing, to be always preferred, and to take before the younger of such son and sons, and the heirs male of his and their body and bodies lawfully issuing; and for default of such issue, then I give and devise all and singular the said premises unto the said Lewis Williams and William Parry, and their heirs, upon trust and confidence to permit and suffer my son Lewis Williams to have and receive the rents, issues and profits thereof until his first son shall attain the age of one and twenty years; and from and immediately after such son shall attain his age of one and twenty years, I give and devise the same to the said Lewis Williams and William Parry, and their heirs, in trust to support and preserve the contingent uses and remainders hereinafter limited from being defeated or destroyed, and for that purpose to make entries or bring actions as the case may require, but nevertheless to permit and suffer such son to have, |