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Updated: August 26, 2024
Just a bequest to his son of twenty thousand, and 'as to the residue of my property of whatsoever kind whether realty or personalty, or partaking of the nature of either upon trust to pay the proceeds rents annual produce dividends or interest thereof and thereon to my said grand-daughter June Forsyte or her assigns during her life to be for her sole use and benefit and without, etc... and from and after her death or decease upon trust to convey assign transfer or make over the said last-mentioned lands hereditaments premises trust moneys stocks funds investments and securities or such as shall then stand for and represent the same unto such person or persons whether one or more for such intents purposes and uses and generally in such manner way and form in all respects as the said June Forsyte notwithstanding coverture shall by her last Will and Testament or any writing or writings in the nature of a Will testament or testamentary disposition to be by her duly made signed and published direct appoint or make over give and dispose of the same And in default etc.... Provided always... and so on, in seven folios of brief and simple phraseology.
They informed him that the clandestine infant whom his uncle left behind him had suddenly sickened and died of some childish ailment, so that he was once again heir to the large property which he thought he had lost, since the widow only took a life interest in some of the personalty. I congratulated him and said I supposed this meant that we should not have the pleasure of his company to Mur.
This has made itself manifest not only in a great access of litigation in which the citizen Indian figures as a party defendant and in a more widespread disposition to levy local taxation upon his personalty, but in a decision of the United States Supreme Court which struck away the main prop on which has hitherto rested the Government's benevolent effort to protect him against the evils of intemperance.
The Res Mancipi, however, did certainly at first enjoy a precedence over the Res Nec Mancipi, as did heritable property in Scotland and realty in England, over the personalty to which they were opposed.
Mercer Davies, formerly chaplain of Westminster Hospital, issued a pamphlet entitled The Bishops and their Wealth, in which he gave a table of the English and Welsh prelates deceased from 1856 to 1885, with the amount of personalty proved at their death. Of one bishop he could find no particulars. It was Samuel Hinds, of Norwich, who resigned as a disbeliever, and died poor.
The notion of a universal succession, like that of a juris universitas, is permanent in jurisprudence, though in the English legal system it is obscured by the great variety of capacities in which rights are acquired, and, above all, by the distinction between the two great provinces of English property, "realty" and "personalty."
Senior has stated, that if there were the same ready means for the transfer of land as at present exist for the transfer of personalty, the value of land would be increased, if I mistake not, by nine years' purchase. This is a subject which I would recommend to the hon. Member for Buckinghamshire, now distinguished as the advocate of the landed interest.
If that system of leaving all to the eldest were followed out in the case of personalty, it would lead to immediate confusion, and, by destroying the whole social system, to a perfect anarchy of property. Why, then, should that course be followed with regard to land?
The net personalty will amount to quite 100,000 pounds, and there is large realty, of which at present I do not know the value. All this is left to Mary with the fullest possible powers of disposal. You and I are appointed executors with a complimentary legacy of 500 pounds to you, and but 100 pounds to me.
But part belonged to Diana's own personalty; in a simple, large nature, too simple and too large to feel small motives or to know petty issues. If her cheeks and brow were flushed at first, it was because the sun had been hot in the lot and Prince tiresome. She was as composedly herself as ever the young officer could be.
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