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Watson v Mary Foxon; 13 Nov 1801

References: [1801] EngR 456, (1801) 2 East 36, (1801) 102 ER 281
Links: Commonlii
Under a limitation (after estates for life to A. and B.) of ‘all and every the said premises to all and every the younger children of 3. begotten or to be begotten, if more than one equally to be divided amongst them, and to the heirs of their respective body and bodies as tenants in common, &c. and if only one child, then to such only child and to the heirs of his or her body issuing; and for want of such issue’ (‘devise of) ‘the said premises to C. N. &c.” (with several limitations over). ” And for want of such issue,’ then testator divided the said premises between several branches of his family. Held that cross remainders were to be implied between the younger children of B. from the apparent intention of the testator from the whole of the will, notwithstanding the use of the word respective in such devise.

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