A will is ambulatory, till a testator’s death, nor till then can money directed to be laid out in land, be considered as land.-A testator says, as to the rest and residue of his lands, etc, his will is, that the annual profits shall be equally divided between Mr. Reeve and Lord Sidney, and said nothing about the personal estate. By all the rules of grammar, as well as law, the words rest and residue must relate to something that went before, and There the testator calls it by the name of real estate, can never be said to affect his personal.
[1741] EngR 466, (1741) 2 Atk 167, (1741) 26 ER 505
Commonlii
England and Wales
Wills and Probate
Updated: 20 December 2021; Ref: scu.384971