...inclination of Courts of Justice to restrain a dying without issue, in the case of personal estate, to a dying without issue living at the death of the first taker, so as to give effect to the devises over,) be considered, either as equivalent to the words " without...

...or even any solitary or obiter opinion. In the devises of real estate, they do not, ex vi termini, mean a dying without issue living at the death of the first taker. These words, with other explanatory words, tantamount to such 1817. meaning, may have been so construed,...

...heirs forever; but, in case he should die and leave no issue, then to C. and his heirs. This was held to mean a dying without issue living at the death of the devisee. It was admitted by Judge PENDLETOW, that if it had been an estate tail in WB as was contended,...

...without issue, then over," even in bequests of leasehold and personal property, of themselves signified a dying without issue living at the death of the first taker, yet, the more modern cases agree, that they are not to be so understood, but on the contrary, that...

...too remote, but if there are any words in the will, by which it appears that the testator intended a dying without issue living at the death of the first taker, then it is good. AT«chols v. Hooper, 1 P. Wins. 198. Target v. Gaunt, ibid. 432. Sed vide Mr. Cox's...

...without issue," then over in bequests of personal property, ex vi termini, and of themselves, signify a dying without issue living at the death of the first taker; others, of equal eminence, have held that those expressions are not so to be understood, but en the...

...present will would, if the question arose upon a term for years or other personal estate, now be held to mean a dying without issue living at the death of the daughter Isabella. But, though the Courts, in the case of personal estates, generally incline to pay...

...of leaseholds or ptrtmalty in which no estate tail can properly exist, the same words are wnstrued to mean a " dying without issue, living at the death of the first taker." And it is observed, that this distinction is so well established, that lord Chancellor Macclesfield,...

...words of the will would, if the question arose upon a term for years or other personal estate, be held to mean, a dying without issue living at the death of the daughter, J. It will be observed, that the construction thus put upon inference from the word, " leaving,"...

...intention in the author of the gift, to confine the failure of issue on which the estate is given over, to a dying without issue living at the death of the first taker, will be sufficient to rebut the construction of an indefinite failure of issue. But these words or...