Page:United States Reports, Volume 1.djvu/19

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PECIAL Verdict. The Quetion aroe on thee Words of a Will.– "“Item my Will is that after my Wife Ruth Price’s Deceae, or if he hall alter her Condition and marry, then in uch Cae I devie and bequeath unto my loving Friends I. W. and M. K. or to any one of them, in cae the other hould die, in Trut and for the Intent to ell and convey all that Meauge &c. to any Peron or Perons that hall purchae the ame, and the Money ariing from the Sale of the Premies hall be divided between my Children herein after named, when they attain everally to the Age of 21 Years or be married, which hall firt happen.”"

Samuel Price one of the Children attained the Age of 21 Years and married, and afterwards died intetate and and without iue, in the life Time of the Tetator’s Widow Ruth Price, who did never marry again. Then the Widow died, and after her Death the Trutees old, and the Adminitratrix of Samuel brings this Suit for Samuel’s proportionable part of the Money ariing from the Sale of the Houe. And the Quetion was, whether this was a veted Legacy to Samuel, or to whether it was laped by his dying before the Trutees had power to ell, to wit, in the life Time of the Tetator’s Widow.

For the Plaintiff it was urged, that Land ordered to be old and converted into Money, was to be conidered as personal Etate. That this Land was to be old at all Events, o there was no Contingency. That both Events to make a veting in Samuel had happened, to wit, attaining the Age of 21 and marrying; and that this Cae was exactly familiar to the Cae of King verus Wilkes. Talbot’s Caes 117. Beides which many other Cafes were cited for the Plaintiff viz. 2 Vern, 536. 1 Peer Williams 109. 2 Peer Williams 320. 2 ''Ab. Ca. Eq.'' 548. 2 Vent. 347. 2 Vern. 758. 766. 4 ''Bac. Ab.'' 308. 2 Vent. 366. 2 Vern. 72. 348. 424. 2 ''Ab. Ca. Eq.'' 654.

For the Defendant it was aid, that in Legacies to be raied out of Land, the Time of Payment is the Time of veting. That in this Cae the Land could not be conidered as peronal Etate, till the Trutees had power to ell it, which was not till after the Widow’s Death, and that Samuel dying before, his Legacy was laped and would merge for the Benefit of the Heirs. And the Cae of Oads and Ferry was much relied on, ''Vin. Devie 383. The other Caes cited for the Defendant were 2d Vern.'' 92. 416. 208. 2 Peere Williams 276. 610. 484 . 3 Peere Williams 20.

were clearly of Opinion, that it was a veted Legacy, and Judgment was given for the Plaintiff.