References: [1854] EngR 859, (1854) 19 Beav 225, (1854) 52 ER 335
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Devise of ‘my property in houses, &c., at G.’ held (independently of Wills Act) to pass the fee.
A testator gave his real and personal estate to trustees, for the maintenance of his children until they attained twenty-one. As thay arrived at that age respectively, he directed it to be divided as follows: A legacy of 2100 to his son, and his property at G. (freehold), between his daughters.
Held: on a deficiency of personal estate, that the legacy was not charged on the real estate.
Observation on the doctrine of Roberts v Walker, 1 Russ & Myl 752.
A testator, in the first instance (as was held) devised freeholds to his three daughters equally, in fee, and he further willed the several shares to his three daughters as before mentioned, to have the interest for their use during their natural lives, and afterwards devised equally amongst their children, and, for want of children, to go to their husbands, if living.
Held: that the daughters took an estate for life, and in defauIt of children, their husbands, if living, took the fee.