CASES REPORTED

IN THE FIFTH VOLUME.

The Cases which are printed in Italics, were cited from MS. Notes.

Page 198, line 7, from the bottom of the marginal note,

for defendant read plaintiff.

ARGUED AND DETERMINED

IN THE

Courts of Common Pleas

AND

Exchequer Chamber,

IN MICHAELMAS TERM.

IN THE FIRST YEAR OF THE REIGN OF GEORGE IV.

GEORGE EVANS BRUCE & Another v. BAINBRIDGE.

1820.

testator's real

A CASE, of which the following is the substance, was Devise of all sent by the direction of the Vice Chancellor, for the opinion tes of the Judges of this Court:

estates to his brother in fee, whom he apcutor and resipointed exe

The Reverend Lewis Bruce, D. D. by will, bearing date the 22d of October, 1778, and duly executed and attested to pass real estates, after directing that all the debts that he duary legatee. By a codicil, should owe at the time of his decease, or that should appear reciting the

testator's will

and the death of his brother, and that the testator was possessed of considerable fortune, both real and personal, he, after a devise of a term of years in Ireland to his nephew J. B., devised all his estates and lands in Hertfordshire, Finchley, and Middlesex, to his nephew G. E. B., and certain other lands in Ireland to his nephews L. B. and C. B.; and afterwards directed that his said nephews should not be entitled to the possession of the estates until they respectively became of age; and that, if one or more of them should die before attaining twenty-one, then he devised the estate of him or them so dying to his nephew J. B. and his issue lawfully begotten; and if J. B. should die without issue, then to his next brother G. E. B. and for default of such issue in G. E. B. to his nephew L. B., and his issue, and in default of such issue in L. B., to his nephew C. B. and his issue: There was a similar limitation to his nephew S. B. and his issue, and for default of such issue, to his niece C. B. and her issue, under such restrictions and limitations as she should think fit to dispose of the same amongst her issue "it being the intent of the will to prevent waste, by making the several children of devisor's deceased brother tenants for life only." The codicil then gave powers for devisor's nephews to make reasonable settlements on their wives, and to dispose of their respective estates among the issue of such marriages as they should think proper to limit and appoint. He then bequeathed the residue not disposed of to his nephews and niece aforesaid, except his nephew S. B., to be divided among them equally at their respective ages of twenty-one; the shares of him or them so dying to go to the survivor or survivors of them:-Held, that G. E. B. took an estate for life only in the lands situate in the county of Hertford, devised to him by virtue of this will and codicil.

VOL. V.

A