right heirs-male of his body, and no collateral beirs-male fhall take by fuch a limitation by way of remainder. Devife of a perfonal eftate to B. and his iffue, or to B. and if he die without iffue, remainder over to C.-is void, and the whole intereft vested in B. Gibbs and Barnardif ton, Gilb. Eq. Rep. 79. Prec. in Chan. 323. S. C. & P. In ejectment and fpecial verdict.-J. S. poffeffed of a long term for years in lands, devifed them to A. Sir St. Andrew St. John, and his two brothers fucceffively, provided that neither of them fhould take till after they are married;-Rowland the third brother dies, Sir St. Andrew dies, the fecond brother is leffor of the plaintiff: the queftion on the special verdict was, "whether "this was a good devise to Sir St. Andrew St. John and his brothers?" It was objected, that this was a void devife for the uncertainty who fhould take, by reafon of the word fucceffively :-refolved per toť cur3, that the plaintiff fhould have his judgment, because the devife is not void for the uncertainty. Ungly and Peale, 2 Vol. Abr. Eq. 358. Ca. 8. cites Vin. Abr. tit. Ca. 19. Vide Lucas's Rep. 103. Pead, S. C. 2 Ld. Raym. 1312. Peale, S. C. Devife (D) It has been faid, that if an eftate has been given to a man and his iffue, it is void for the uncertainty, because it not appearing, whether male or female; but that has been held and determined fince, not to be LAW; and yet it is well enough in a devise; par cur' in B. R. in the cafe of Shaw and Weigh, Gilb. Eq. Rep. 28. Teftator devifed 550 (omitting pounds) to his daughter M. and alfo devifes 550l. to his daughter B.-per Cowper C. the fubfequent devife to B. makes it extremely clear. that the teftator meant 550l. and it is as certain and good, as if the word (pounds) had been expreffed. Freeman and Freeman, 2 Rol. Abr. Eq. 359. Ca. 11. cites Vin. Abr. tit. Devife (D) Ca. 22. The father in his will taking notice, that * his fon 7. had much difobliged him," declares thus; "I do hereby refolve not to "give him any more than 20l. a a year for life, to be paid him quarterly." N. B. This was a baftard fon, to whom the father had by a former will given 80l. a year; but in the second will he takes notice of his ill behaviour at the univerfity, and devises that eftate to his legitimate fon: 7. fhall take nothing by this will, the words not amounting to a DEVISE. Holder and Holder, 2 Vol. Abr. Eq. 359. Ca. 12. cites Vin. Abr. tit. Devife (D b) Ca. 8. J. S. poffeffed of a term devised it to A. and B. and if either of them died, and leave no iffue of their refpective bodies, then to C.-His honour held that the devife over was void. Froth and Chapman, 1 Will. Rep. 664. Afterwards Ld. Parker, on an appeal, reverfed this decree. Ibid. Devife of lands to S. and "the heirs of "his body;" S. died in the life-time of the the devifor; this is in the nature of a lapfed legacy, and the heir of S. fhall take nothing. Wynne and Wynne, 2 Vol. Abr. Eq. 360. Ca. 16. cites Vin. Abr. tit, Devife (W c) Ca. 18. A. devised all that his meffuage or te"nement in E.-to F. and his heirs, and "all the rest of his meffuages, lands, &c. "in E. and elsewhere, to J. L. in fee;" F. the devifee died in the life-time of the testator, fo that this became a lapfed devife by his death. In ejectment the fole queftion was, "whether this latter claufe of the will "would carry over the lapfed devife to 7. "L. the refiduary devifee; or, whether it "fhould defcend to the teftator's heir at "law?"Held per cur', that the devise of all the rest and refidue of my meffuages, lands, &c. did not convey what was expressly devised before, for the teftator's intent appears to be to give his whole eftate to F. and his heirs in that meffuage, and that at the time of the will made, he had no reft and refidue in that house, and the devife to F, being void, the house will go to the heir at law. Wright and Hall, in C. B. Fortesc. Rep. 182. A. bequeaths to her grandchild B. Some of her BEST linen; this void for the uncertainty; yet the court recommended it to the executor to give fome of the beft linen to the legatee. Peck and Halfey, 2 Will. Rep. 387. Precedents Precedents of Wills. THIS is the laft will and teftament of me A. B. of, &c. widow and relict of C. D. late of, &c. in the county aforefaid, Gent. deceased. Whereas my faid late hufband C. D. did by his laft will and teftament, bearing date on or about, &c. devife to me and my heirs, all that his manor, capital meffuage, mefluages, mill, closes, lands, tenements, and hereditaments, in, &c. in the faid county of, &c. with their and every of their appurtenances, in truft, to be by me fold, or otherwise disposed of, to and amongst all my children by him on me begotten, in fuch fhares and proportions as to me fhould feem meet; except fuch of his faid children who fhould in his lifetime have received their refpective portions; and after feveral other devifes and bequefts, my faid late husband by his faid will devised all there ftand refidue of his perfonal eftate whatfoever, and wherefoever to me his faid wife,to bedifpofed of by meamongft my children, at fuch time and in fuch fhares and proportions as I fhould think fit. And whereas my faid late husband at his death left iffue by me nine children (and who are all of them ftill living) that is to fay, three fons, viz. George, John and Thomas, and fix daughters, viz. Jane, now the wife of of, &c. Gent. M. then and now the wife of of, of, &c. Efq; and C. fince mar ried to, and now the widow of late of, &c. deceased, and K. now the wife of of, &c. Gent. and Anne and Elizabeth, not married. And whereas great part of the faid premiffes fo devised to me by my faid late husband as aforefaid, had been before fettled by him on me for my life by way of jointure; and whereas for want of a fuitable purchafer, and for that I did not think fit to fell or difpofe of my jointure, I therefore have not fold the faid real eftate, but I have in my lifetime advanced and paid to and for my fon and to and for each of my faid daughters, the fum of 1. a-piece, for or towards their refpective portions and advancement ; and I have alfo given to my faid daughters, the fum 1. a-piece, viz. in money out of my own pocket, and the fum of 1. borrowed for them of my faid daughter and for the payment whereof I have given my own bond (the faid 1. a-piece being for or towards their respective portious and advancement). And whereas my fon has by my direction given his bond to my conditioned for the pay faid fon ment of the fum of of 1. to the and for which laft-mentioned fum 1. I have made a deduction or al lowance to my faid fon. out of a fum |