 | Thomas Jarman - Wills - 1844 - 936 pages
...tesconditions ef- ••_•«• ectuai. tator not to make the declaration of forfeiture merely in terrorem, which might otherwise have been presumed. Others have said that it was the interest of the legatee over which made the difference, and that the clause ceased to be merely a condition of forfeiture,... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 728 pages
...manifestation of the intention of the testator not to make the declaration of forfeiture merely in terrorem, which might otherwise have been presumed. Others have...limitation, to which the Court was bound to give effect. Whatever might be the ground of decision, it was held, that where the testator onlj declared that,... | |
 | Joseph Story - Equity - 1886 - 838 pages
...terrorem, which might otherwise have been presumed. Others have said it was the interest of the legatee over, which made the difference, and that the clause...limitation, to which the court was bound to give effect.' See Dickson's Trust, 1 Sim. N. s. 37, 45. Whether the one or the other or neither of these views be... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1894 - 736 pages
...manifestation of the intention of the testator not io make the declaration of forfeiture merely in terrorem, which might otherwise have been presumed. Others have...limitation, to which the Court was bound to give effect. Whatever might be the ground of decision, it was held that, where the testator only declared that,... | |
 | Law reports, digests, etc - 1899 - 846 pages
...of forfeiture merely in terrorem, which might otherwise have be« n presumed. Others have said tba* it was the interest of the devisee over which made...limitation to which the court was bound to give effect." That exception (of a gift over) does not, I think, cover the present case, and what was relied upon... | |
 | Law reports, digests, etc - 1904 - 1108 pages
...manifestation of the intention of the testator not to make the declaration of forfeiture merely in terrorem. which might otherwise have been presumed. Others have...limitation, to which the Court was bound to give effect. Whatever might be the ground of decision, it was held that, where the testator only declared that,... | |
 | Harry Clay Underhill - Wills - 1900 - 878 pages
...in terrorem, which might otherwise be presumed. Others have said it was the interest of the legatee over which made the difference, and that the clause...limitation to which the court was bound to give effect. Whatever might be the real ground of the doctrine, it was held that where a testator only declared... | |
 | Law reports, digests, etc - 1915 - 1084 pages
...manifestation of the intention of the testator not to make the declaration of forfeiture merely in terrorem, which might otherwise have been presumed. Others have...limitation, to which the court was bound to give effect. Whatever might be the ground of decision, it was held that, where the testator only declared that,... | |
 | Law reports, digests, etc - 1912 - 1134 pages
...manifestation of intention that the declaration of forfeiture was not merely in terrorem, and others that it was the interest of the devisee over which made the difference. But all agree that there must be a valid devise over, in order to defeat the legacy." He declared that... | |
 | Joseph Story - Equity - 1918 - 752 pages
...terrorem, which might otherwise have been presumed. Others have said it was the interest of the legatee over, which made the difference, and that the clause...limitation, to which the court was bound to give effect." See Dickson's Trust, 1 Sim. NB 37, 45. Whether the one or the other or neither of these views be correct,... | |
| |
Different reasons have been assigned by different judges for the operation of a devise over. Some have said that it afforded a clear manifestation of the intention of the testator not to make the declaration of forfeiture merely in terrorem, which might... 
