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Updated: May 22, 2025
To balance this disadvantage he has this advantage, that his acquisitions after the testator's decease are for his own sole benefit; and although the estate of the deceased is insufficient to pay the creditors in full, the heir's subsequent acquisitions are never on that account liable to a second sale.
Among a testator's own slaves is to be reckoned one of whom he is bare owner, the usufruct being vested in some other person.
"Did you, beyond the suggestions of which you have already given evidence, in any way unduly influence the testator's mind, so as to induce him to make this will?" "I did not." "And to those facts you swear?" "I do."
The group around, in whose eyes hope alternately awakened and faded, and who were straining their apprehensions to get at the drift of the testator's meaning through the mist of technical language in which the conveyance had involved it, might have made a study for Hogarth. The deed was of an unexpected nature. In these 'uses, ends, and purposes' lay the cream of the affair.
"It is needless to trouble you with the provisions of the will in detail. There were the widow and three surviving children to be provided for. The widow received a life-interest only in a portion of the testator's property. The remaining portion was divided between Andrew and Selina two-thirds to the brother; one-third to the sister.
Thus the will left the disposition of the property under the control of Mr. Jellicoe, though his action could have been contested. "Now, this will, although drawn up by John Bellingham, was executed in Mr. Jellicoe's office, as is proved by the fact that it was witnessed by two of his clerks. He was the testator's lawyer, and it was his duty to insist on the will being properly drawn.
"Not I!" returned my guardian. "But, my dear sir," said Mr. Kenge, "it is a will of later date than any in the suit. It appears to be all in the testator's handwriting. It is duly executed and attested. And even if intended to be cancelled, as might possibly be supposed to be denoted by these marks of fire, it is NOT cancelled. Here it is, a perfect instrument!" "Well!" said my guardian.
"The evidence that you have heard divides itself into two parts that relating to the circumstances of the testator's disappearance, and that relating to certain human remains. In connection with the latter I can only express my surprise and regret that the application was not postponed until the completion of the coroner's inquest, and leave you to consider the evidence.
The fortune was to be theirs conjointly and indivisibly, and should one of them die, to devolve to the survivor, who in his turn was to make such arrangements as he thought best to insure its being applied, after his death, in accordance with the testator's views.
10 A legacy by which something already belonging to the legatee is given him is void, for what is his own already cannot become more his own than it is: and even though he alienates it before the testator's death, neither it nor its value can be claimed.
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