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If the executor represents the person of the testator, there is no longer any trouble in allowing him to sue or be sued on his testator's contracts.
Penhallow said, "signed by witnesses dead or absent from this place, makes a disposition of the testator's property in some respects similar to that of the previous one, but with a single change, which proves to be of very great importance." Mr. Penhallow proceeded to read the will.
Who was to pursue the matter to completeness, undertaking on the one hand to pay the composition to Government, and on the other obliging Government to reproduce the value of the goods and timber that had been made away with by itself or by its Oxfordshire agents? All this too was in the testator's mind, and hence his difficulty in fixing on an executor.
Then followed a list of minor bequests, to my mother an annuity of three thousand a year, with the privilege of apartments in the house during her life; to each of the servants legacies sufficient for independence; to a few friends, and distant connections of the family, tokens of the testator's remembrance, even the horses to his carriage, and the dogs that fed from his menials' table, were not forgotten, but were to be set apart from work, and maintained in indolence during their remaining span of life.
But at all events the identification of heir and ancestor still approached the nature of a universal succession in the time of Bracton, as is shown by another statement of his. He asks if the testator can bequeath his rights of action, and answers, No, so far as concerns debts not proved and recovered in the testator's life.
After that comes the following clause: 'If my son dies before he comes into the property, which is held in trust for him, then, says the clause, 'you shall be my reversionary heir. He never has a son. His next of kin raise a dispute with the man who is named as the heir, in the case of the testator's son dying before he comes into the property which his guardians are holding for him."
Ruth Huckaback is not married yet; although upon Uncle Reuben's death she came into all his property; except, indeed, 2000 pounds, which Uncle Ben, in his driest manner, bequeathed "to Sir John Ridd, the worshipful knight, for greasing of the testator's boots." And he left almost a mint of money, not from the mine, but from the shop, and the good use of usury.
But he could not repress a smile at the testator's extreme caution and resolved forthwith to ask for a list of his friend's securities. "How is the old man now?" he asked. "Mr. Palmer has had a close call," replied Keeler. "But he is good for a couple of years yet, I reckon." "Sit down, Keeler, while I write him a note. You'll find a whiskey toddy up there at the end of the counter.
Whatever the slave acquires in the interval between the testator's death and the acceptance of the inheritance belongs, according to Julian, to the legatee, if that legatee be the slave himself who is manumitted by the will, because a legacy of this kind vests from the acceptance of the inheritance: but if the legatee be a stranger, he is not entitled to such acquisitions, unless they are made by means of the peculium itself.
Sowerby obtained, as a matter of course, a rule for a new trial; and a fresh action was brought. All at once Hayling refused to go on, alleging deficiency of funds. He told Jennings that in his opinion it would be better that he should give in to Sowerby's whim, who only wanted the drawers in order to comply with the testator's wishes.
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