A Treatise on Legacies

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826 Excerpt: ...of his residuary legatee." r-i' " It has, however, been repeatedly held that a gift of " my estate and effects," or " all my personal estate," or the appointment of executors, is not sufficient to carry property, which a testator has only a power to dispose of; unless an intention to pass the subject of the power can be collected/ The civil law made bona mobilia, and bona immobilia the membra dividentia of all estates.8 By a Touch. 447-Off. Ex. 256. Port-' 8 Ves. 588. Andrews v Emmot. man c. Willis, Mo. 352. Cro. Eliz. 2 Bro. 297. Standen i-. Standen, 2 386; but see as to lease, Bro. Ab. Ves. J. 589. Langham r. Nenny, 3 Done. 43. Ves. 467. Croft v. Slee, 4 Ves. CO. b Countess Gower v. E. Gower, 2 Mac Leroth v. Bacon, 5 Ves. 159. Ed. 201. Ambl. 612. Bradly v. Westcott, 13 Ves. 445. Touch. 447 Co. Lit. 118,6. Go-Webb r. Honnor, 1 Jac. & W. 352. dolph. 392. Swinb. P. 7-S. 10. Sanders v. Franks, 2 Mad. 147. 15 Ves. 507. 5 Mad. 71. Pease v. Mead, Hob. 9. Hewne t.Wigginton,6 Mad. 119. « 1 P.W. 267 P devise of " moveables " pass all personal goods, both quick and dead, including bonds and specialties. By " immoveables " pass leases, rents, and the like." But debts have been held not to pass by a gift of "all my moveable goods and chattels."1. Nor will " moveables" carry corn, nor fruit growing on the ground, nor stone, nor timber prepared for building.' A mere bequest of " all goods " has been held to pass bonds;d but a bequest of all " goods and chatJk r-tels," or of "personal estate and effects" in a par rt.?/--ticular place, extends only to goods and chattels 7/££in possession, and not to choses in action; and will 9A not therefore pass bo...