References: , [1834] EngR 941, (1834) 7 Sim 128, (1834) 58 ER 785
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The testator gave real property and a sum of stock to A for her life, and after her death to his brother absolutely: and he gave legacies, which he directed to be paid as soon as convenient after hie death, to his nephews and nieces, and the residue of his property to his brother absolutely. The brother having died, the testator, by a codicil reciting that fact, and that, thereby, the devises and bequests to his brother had lapsed, gave an annuity to his brother’s widow, and directed his trustees to pay the income of the residue of his personal estate to A. for life, and gave to her all his real estates for life, and, after her death, to his trustees in trust to sell, and the proceeds to fall into his personal estate : he then gave £10,000 to each of his nieces, in addition to the legacies given to them by the will, and directed that that sum for each of them should be held by his trustees for their separate use : and he gave all the clear residue of his estate (after providing for the before-mentionedlegacies, and also those given by his will) to his nephews. Held, that the legacies given to the nieces by the codicil were not payable till after A’s death.