at 12, div.-Wm. Crowther, Charles-st., Middlesex Hospital, Lyne, Lancashire, druggist, No. 60,240 C.; J. R. Coulthart, coachmaker, Sept. 22 at 2, Court of Bankruptcy, aud. ac. and assignee.-Wm. Cole, Whiteheath-gate, Rowley Regis, Staf. fin. div.-John Wm. Nevill, Bread-st., Cheapside, Manches- fordshire, licensed victualler, No. 60,613 C.; T. J. A. Fuller, ter warehouseman, Sept. 22 at half-past 12, Court of Bank- assignee.—James Robinson, Swanwick, near Alfreton, Derby ruptcy, aud. ac.-Jas. Simmons, John Simmons, and John shire, cordwainer, No. 60,542 C.; John Richardson, assignee. Pine, Battersea, Surrey, and Stoney-st., Southwark, manu- -John Booth, Bridgnorth, Shropshire, waterman, No. 59,952 facturers of prussiate of potash, Sept. 20 at 11, Court of C.; Wm. Davis, assignee.-James Farman, jun., Ipswich, Bankruptcy, aud. ac.-Benj. Simmons and Jonathan Brook, Suffolk, carpenter, No. 59,199 C.; Wm. Cook, assignee.Folly, Dockhead, Bermondsey, ironfounders, Sept. 20 at 11, James Saunders, Carlisle, Cumberland, draper, No. 60,156 Court of Bankruptcy, aud. ac.-Hen. Wm. Jackson, Haver- C.; Michael Haigh, assignee.-Robert Farman, Ipswich, Sufhill, Essex, wine merchant, Sept. 20 at 2, Rose and Crown folk, carpenter, No. 59,172 C.; Fras. Fisk, assignee.-Thos. Inn, Saffron Walden, aud. ac.-Thos. Sleeman, Tenby, Pem- Drinkwater, Davenham, near Northwich, Cheshire, joiner, brokeshire, wine merchant, Sept. 27 at 12, Commercial-rooms, No. 59,539 C.; Robert Rigby and James Gibson, assignees.Bristol, aud. ac.; Sept. 30 at 12, div.-Thos. Washer Gibbs, Thomas Shuttleworth, Langridge, near Preston, Lancashire, Bristol, soap maker, Sept. 20 at 11, Commercial-rooms, Bris- schoolmaster, No. 59,352 C.; Thos. Coup, assignee.-Saml. tol, aud. ac.; Sept. 21 at 11, fin. div.-Edward Bevan and Fisher, Abingdon, Berkshire, tailor, No. 59,242 C.; John Mich. Yates, Bristol, merchants, Sept. 23 at 2, Commercial- Hyde, sen., and John Hyde, jun., assignees.-Richard King, rooms, Bristol, aud. ac.; Sept. 27 at 2, div. sep. est. of Mich. Ashton-under-Lyne, Lancashire, druggist, No. 59,859 C.; R. Yates.-Wm. Carr and John C. Carr, Sunderland, Durham, Dickson and G. Woodhead, assignees.-Joseph Whitehead, merchants, Sept. 19 at 1, aud. ac.-Nath. M'Knight, Samuel Greenacres-moor, Oldham, Lancashire, retailer of beer, No. M'Knight, and John M'Neilie, Liverpool, merchants, Sept. 60,169 C.; John Goldthorpe, assignee.-N. C. Gelstharp, 21 at 1, Clarendon-rooms, Liverpool, aud. ac.-. -Richard Shirley, near Ashburn, Derbyshire, miller, No. 59,480 C.; A. Morris, Chepstow, Monmouthshire, timber merchant, Sept. Marples, assignee.-David Levi, Birmingham, licensed vic28 at 11, Beaufort Arms Inn, Monmouth, aud. ac. and div.- tualler, No. 59,559 C.; J. B. Payn and N. Kimberley, as Charles Dean, King's-heath, Worcestershire, Edward Cope, signees.-James Taylor, Derby, traveller in the tobacco trade, Manchester, and Wm. Tomlinson, jun., Birmingham, iron- No. 60,344 C.; John Ray, assignee.-Henry Chard, Livermasters, Sept. 26 at 11, Waterloo-rooms, Birmingham, aud. pool, merchant, No. 45,570 C.; Richard Benbow, assignee.ac.; at 12, fin. div.-Thos. W. Wright and Geo. W. Hyde, J. Wilkinson, Hurst-green, near Clitheroe, Lancashire, bobbin Nottingham, dyers, Sept. 22 at 10, George the Fourth Inn, turner, No. 17,313 C.; Wm. Parker, assignee.-Jas. Moon, Nottingham, aud. ac.; at 11, div. sep. est. of Thos. Whyley South-bank, Regent's-park, and Wigmore-st., Cavendish-sq., Wright.-Isaac Hooley, Nottingham, miller, Sept. 22 at 2, solicitor, No. 52,655 T.; John Moon and Wm. Scott, asGeorge the Fourth Inn, Nottingham, aud. ac.; at 3, div. signees.-William Thacker, Coleman-st., cloth worker, No. Wm. Barker and Samuel Adams, Nottingham, hosiers, Sept. 53,496 T.; Philip May, assignee.-Job Matthews, Frederick's22 at 12, George the Fourth Inn, Nottingham, aud. ac.; at 1, place, Brewer's-green, Westminster, licensed victualler, No. div.-Hen. Wm. Jackson, Haverhill, Essex, wine merchant, 53,595 T.; G. B. Brumbridge, assignee.—John Job Jenes, Sept. 20 at 2, Rose and Crown Inn, Saffron Walden, aud. ac. ; | Upper Southwick-st., Cambridge-terrace, Edgeware-road, out at 3, div.-John Lloyd, Beaumaris, Anglesey, tanner, Sept. of business, No. 53,453 T.; Fred. Jas. Sargood, assignee.21 at 11, Uxbridge Arms Hotel, Carnarvon, aud. ac.; at 12, Joseph Harper, King-st., Tower-hill, blacksmith, No. 53,811 fin. div.-John Haughton, Blackburn, Lancashire, cotton T.; Jesse Oldfield, assignee.-John A. Pheasant, Fair-st., spinner, Oct. 7 at 11, Commissioners'-rooms, Manchester, pr. Horselydown, Southwark, tailor, No. 53,714 T.; Rich. Rutd. and fin. div.; at 12, aud. ac.-Wm. Hounsfield, Manches- son, assignee.-Edw. Robinson, Cheshunt, Hertfordshire, foreter, commission merchant, Sept. 26 at 12, Commissioners' - man to a coachmaker, No. 52,374 T.; Henry Butler, assignee. rooms, Manchester, pr. d.; at 1, aud. ac. and div.-J. Pick--Henry Heywood, Hulme, Lancashire, book-keeper, No. ering, Loughborough, Leicestershire, wine merchant, Oct. 11 59,533 C.; Robt. Bentley, assignee. at 3, King's Head Inn, Loughborough, aud. ac.; at 4, div.INSOLVENT DEBTORS' Dividends. Chas. Hilton, Manchester, cotton manufacturer, Sept. 20 at 10, Commissioners'-rooms, Manchester, fin. div.; at 11, aud. 30, M'Duff's, 37, Castle-st., Holborn : 38. 5d. in the pound. Geo. Rich. Nayler, Exmouth-st., Spa-fields, grocer, Aug. ac.-Wm. B. Price and John Edwards, Shrewsbury, Shrop--Francis Charles Knight, York-road, Lambeth, grocer, Aug. shire, bankers, Sept. 27 at 11, Shire-hall, Shrewsbury, aud. 13, Gold's, 164, High-st., Southwark: 1s. Id. in the pound. ac.; at 12, div.-Wm. Kent, Burton-upon-Trent, Stafford-James Kidd, New Brentford, omnibus proprietor, Sleap's, shire, cordwainer, Sept. 21 at 11, New Inn, Derby, aud. ac.; 2, Middle Temple-lane: 18. 10d. in the pound. at 12, fin. div.-Jas. Garry, Manchester, brassfounder, Sept. 21 at 12, Commissioners'-rooms, Manchester, aud. ac.; at 1, div. CERTIFICATES TO BE ALLOWED, MEETINGS. John Hornby, Hedon, in Holderness, Yorkshire, innkeeper, Sept. 15 at 11, Wright's, Hedon, sp. affairs.-Robt. Farman, Ipswich, Suffolk, carpenter, Sept. 15 at 6, Grimsey's, Ipswich, Unless Cause shewn to the contrary, on or before Sept. 20. Thos. Woodman, Great Billington, Leighton Buzzard, Bed-sp. affairs.-James Farman, jun., Ipswich, Suffolk, carpenter, fordshire, farmer.-Jas. Hopkins, Leighton Buzzard, Bedford-Sept. 16 at 6, Grimsey's, Ipswich, sp. affairs. shire, butcher.-Ed. Paine, Liverpool, drysalter.-Wm. Durrant, Southwick and Brighton, Sussex, wharfinger.-Thomas Endicott, Bath, innkeeper.-John Mills, Manor-street, Clapham, Surrey, ship owner.-Stephen H. Crosswell, Walbrook, City of London, wine merchant.-Wm. Powell, Birmingham, brass founder.-Samuel Palmer Gladstone, Crisp-st., East India-road, Poplar, shipwright. FRIDAY, SEPTEMBER 2. GEORGE OLDEN, Salisbury, Wiltshire, grocer and wine BANKRUPTS. WILLIAM LIONEL FELIX TOLLEMACHE, Keston, and Lock's Bottom, Kent, and Penton-lodge, near Andover, Hampshire, horse dealer and coach proprietor, Sept. 13 at 2, and Oct. 14 at 1, Court of Bankruptcy: Off. Ass. Pennell; Sol. Nias, Copthall-buildings, City.-Fiat dated Sep tember 2. JOHN GOODERED, sen., Piccadilly, shell fishmonger, JOHN GOODCHILD PALLISTER and JAMES MAY THOMAS WHITE, jun., Gosport, Hampshire, ship builder, JOSEPH RALEIGH and THOMAS SMITH GOODE, MEETINGS. John McLean, Liverpool, merchant, Sept. 26 at 11, Commissioners' rooms, Manchester, aud. ac.; at 12, pr. d.-G. Last, Birmingham, general merchant, Sept. 13 at 12, Waterloo-rooms, Birmingham, pr. d.-Chas. Radenhurst, Birmingham, innkeeper, Sept. 26 at 2, Waterloo-rooms, Birmingham, ch. ass.-Thos. Penny, Shepton Mallet, Somersetshire, grocer, Sept. 13 at 1, Commercial-rooms, Bristol, ch. ass.—W. Chappelow, Long-acre, bridle cutter, Sept. 23 at 2, Court of Bankruptcy, last ex.-Edw. Thomas Murray, Church-street, Newington, leather seller, Sept. 13 at 1, Court of Bankruptcy, last ex-Geo. Henry Watson, Aldersgate-street, apothecary, Sept. 13 at 11, Court of Bankruptcy, last ex.-Hen. Capel, Cooper's-row, Tower-hill, wine merchant, Sept. 5 at 1, Court of Bankruptcy, last ex.-John Holland, Chepping Wycombe, Buckinghamshire, cordwainer, Sept. 5 at half-past 1, Court of Bankruptcy, last ex.-Caleb Robinson, High Holborn, tailor, Sept. 6 at 1, Court of Bankruptcy, last ex.-John Pinnock Thirkell, Cranbrook, Kent, farmer, Sept. 7 at 11, Guildhall, Canterbury, last ex.-William Stewart, Ludgate-hill, muslin manufacturer, Sept. 24 at 12, Court of Bankruptcy, aud. ac. and div.-Hen. Ricket, Henry-st., Pentonville, dealer in wine, Sept. 24 at half-past 11, Court of Bankruptcy, aud. ac. and fin. div.-Adam Telfer, Praed-st., Paddington, smith, Sept. 24 at half-past 12, Court of Bankruptcy, aud. ac. and div.John Rackham, jun., Long-acre, coach builder, Sept. 23 at 1, Court of Bankruptcy, aud. ac. and div.-Thos. Bull, Minories, grocer, Sept. 24 at 1, Court of Bankruptcy, aud. ac. and div. -Daniel Wade Acraman, Wm. Ed. Acraman, Alfred John Acraman, Wm. Morgan, Thos. Holroyd, and Jas. N. Franklyn, Bristol, ship builders, Oct. 18 at 2, Commercial-rooms, Bristol, aud. ac. joint est.; Oct. 19 at 3, aud. ac. sep. est. of D. W. Acraman; Oct. 20 at 2, aud. ac. sep. est. of W. E. Atraman; Oct. 21 at 2, aud. ac. sep. est. of A. J. Acraman; Oct. 22 at 2, aud. ac. sep. est. Thos. Holroyd, Oct. 24 at 2, and. ac. sep. est. of W. Morgan; Oct. 25 at 2, aud. ac. sep. est. of J. N. Franklyn.-Ed. Bevan and M. Yates, Bristol, merchants, Sept. 26 at 2, Commercial-rooms, Bristol, aud. ac.; Sept. 28 at 2, div.-Thos. Little, Kingston-upon-Hull, tobacco manufacturer, Sept. 30 at 11, George Inn, Kingstonupon-Hull, aud. ac.; at 12, div.-Wm. Halliwell, Manchester, and Lower Darwen, cotton manufacturer, Oct. 4 at 12, Commissioners'-rooms, Manchester, div.; at 1, aud. ac.-J. Abbott, Blackburn, Lancashire, cotton manufacturer, Oct. 7 at 11, Town-hall, Preston, aud. ac.; at 12, div.--Jos. Piddock and Thos. Burton, Nottingham, maltsters, Sept. 26 at 11, George the Fourth Inn, Nottingham, aud. ac. sep. est.; joint est.-John Jackson, Nottingham, plumber, Sept. 27 at 11, George the Fourth Hotel, Nottingham, aud. ac-John Courtney, Bristol, banker, Sept. 29 at 2, Commercial-rooms, Bristol, aud. ac.; Sept. 30 at 2, div.-William Blundell and Robt. Falk, Liverpool, merchants, Sept. 26 at 1, Clarendon-rooms, Liverpool, aud. ac.; Sept. 27 at 1, fin. div. joint and sep. at 1, and. ac. ton-garden, Middlesex, and Edinburgh, cabinet makers, Sept. Unless Cause shewn to the contrary, on or before Sept. 23. Lewis Durlacher, Burlington-st., St. James's, Westminster, dealer in pictures.-H. W. Hobhouse, Johnson Phillott, and Chas. Lowder, Bath, bankers.-Geo. Sargent, Battle, Sussex, linen draper.-Joshua Bolshaw, Liverpool, sail maker.―John Richards, George-yard, Lombard-st., metal broker.-Thomas Bennett, Copthall-buildings, bookseller.-J. P. Graves, Mortimer-st., Cavendish-sq., auctioneer. PARTNERSHIPS DISSOLVED. John Williams and David David, Swansea, Glamorganshire, attornies and solicitors.—Roger Potts, Edw. Potts, and Wm. Potts, Serjeant's-inn, Fleet-st., attorneys at law and solicitors. SCOTCH SEQUESTRATIONS. Tradeston, Glasgow, draper.-Robt. Welsh, Edinburgh, soliM. W. W. Ivison, Edinburgh, silk spinner.-Wm. Wood, citor.-Gemmill and Smith, Paisley, drapers.-C. & G. Murray, Greenock, merchants.-George Mackenzie, Munlochy, Ross-shire, corn merchant.-James M'Farlane, Gourdie-hill, Auchtergaven, Perthshire, grazier.—Alexander Greig, Edinbugh, accountant. INSOLVENT DEBTORS. The following Prisoners are ordered to be brought before the Court, in Portugal-st., on Monday, Sept. 26 at 9. Susannah Mason, Hyde-st., Bloomsbury, widow, out of business.-Henry Shelitoe, Barking, Essex, out of business.Benj. Lock, Hobart-place, Eaton-sq., Pimlico, gentleman's servant.-Thomas Brown, Adam's-row, Hampstead-road, and Goodge-st., Tottenham-court-road, baker.-Geo. Humphryes, John's-st., St. George's in the East, engineer.-Jas. Tingle, Thornhill-bridge-place, Chalk-road, Islington, engraver.—T. M. Hambre, Park-st., Park-rd., New Peckham, Surrey, bread and biscuit baker.-Joseph White, Chester-st., Kenningtonlane, Lambeth, out of business.-Henry Hunt, Bevenden-st., Hoxton New town, cabinet maker.-Geo. Oulds, Wynyat-st., Goswell-road, out of business.-Robt. Nunn, Hertford-road, Kingsland-road, carpenter.-Jos. Barber, King-st., Clerkenwell, die sinker and stamper. Adjourned. James Mansell, St. George's-road, Southwark, out of business.-J. C. S. Pawle, Regent-st., Kennington, Surrey, out of business. INSOLVENT DEBTORS' DIVIDENDS. Robt. Oldham, Ashton-under-Lyne, Lancashire, surgeon: 28. in the pound.-Philip Foster, Kegworth, Leicestershire, cowkeeper: 18. 5d. in the pound.-James Barker, St. Ives, Huntingdonshire, innkeeper: 4s. 2d. in the pound.-Joseph Salmon, Matson, Upton St. Leonard's, Gloucestershire, out of business: 6s. 101d. in the pound.-Edmund Marshall, Ipswich, Suffolk, butcher: 9s. 8d. in the pound. Apply at the Provisional Assignee's Office, Portugal-street, Lincoln's-inn-fields, between the hours of 10 and 1. MEETINGS. dener, Oct. 5 at 11, Court-house, Portugal-st., sp. affairs.John Rumsey, Esq., deceased, Crickhowell, Devonshire, Sept. 19 at 12, Dangerfield's, Chancery-lane, Holborn, sp. affairs. In the Matter of Hannah Duce, Oct. 3 at 12, Hill's, Birmingham, sp. affairs. Abel Marks, Mutley, Weston Peverell, Devonshire, gar MASTER IN CHANCERY.-The Lord Chancellor has Frank Isaac Nalder, of Croscombe, near Shepof Bankruptcy, fin. div.- Wm. Smith and Josias Smith, Hat-' ordinary in the High Court of Chancery. street, and Regent-st., woollen drapers, Sept. 24 at 11, Court ton Mallet, Somersetshire, Gent., to be a Master Extra AW.-WANTED by a Young Man who has for Country office, a SITUATION as Copying Clerk. Can have a good Character from the gentleman whom he has just left. Apply to H. C., Jurist Office, 3, Chancery-lane. Now ready for delivery, Vol. 7 of Jo3rd Edition. By G. SWEET, Esq., of the Inner Temple, Barrister at Law. With extensive Alterations and Additions. In this Edition, the Precedents are corrected and adapted to the present state of the Law, new Forms are introduced, and Notes on the Law of Conveyancing, which in the forme Editions were dispersed among the Precedents, are collected into distinct Treatises at the commencement of each Title; and such subjects as appeared deficient are supplied. LAW. TO BE DISPOSED OF RAR ate, respend the N. B. Full Particulars and Reference as to extent of Practice may be had on application to A. B., Mr. Sweet's, 3, Chancery-lane, London. THE LAW OF COSTS. MANSEL, denda containing the Acts on the subject passed in the last "It will be perceived that Mr. Mansel has gone over his subject in a very complete manner, and has furnished a manual of the Law of Costs, which will, doubtless, find its way into every attorney's office."-Legal Observer. E. Spettigue, 67, Chancery-lane. This day is published, Part I., risters at Law. *** Part II. will be published in a few days. S. Sweet, 1, Chancery-lane; A. Maxwell & Son, 32, Bell- REAL PROPERTY STATUTES.- Just published in One Thick Volume, price 198. boards, NEW BANKRUPT ACT. A SUPPLEMENT to the Ninth Edition of ARCH- Acknowledgments, Agreements, Annuities, Appointments, Ap- were as ex S. Sweet, 1, Chancery-lane. Of whom may be had, recently published, QUESTIONS ON THE LAW OF EVIDENCE, with THE ANSWERS. By A BARRISTER. Price 4s. 6d. bds. QUESTIONS on CONVEYANCING and the LAW of REAL PROPERTY, with ANSWERS. By a MEMBER of the BAR. Parts 1, 2, and 3. Price 88., boards. QUESTIONS on the PRACTICE of the COURTS of COMMON LAW, with ANSWERS. By WM. THEOBALD, Esq., Barrister at Law. Price 68. bds. QUESTIONS on the PRINCIPLES and PRACTICE in the COURT of CHANCERY, under the late Orders, with For the Use of LAW STUDENTS. the ANSWERS. QUESTIONS ON THE LAW AND PRACTICE IN BANKRUPTCY, with the ANSWERS. By A BARRISIn the Press, TER. Price 4s. bds. QUESTIONS on CRIMINAL LAW, with ANSWERS. STARKIE'S LAW OF EVIDENCE.-THIRD EDITION. A PRACTICAL TREATISE on the LAW of EVI DENCE and DIGEST of PROOFS in CIVIL and CRIMINAL PROCEEDINGS. Third Edition, with very considerable alterations and additions, embracing all the Cases published to the end of the year 1841. By THOMAS STARKIE, Esq., Barrister at Law, one of her Majesty's Counsel. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39, Bell-yard, Lincoln's Inn. FISHERIES IN IRELAND. This day is published, in 12mo., price 58. 6d. boards, THE HE ACT 5 & 6 VICTORIA, Cap. 106, for regu lating the FISHERIES of IRELAND, with Notes, Introductory Remarks, and References on the Rights to the Sea Shore. Also an Appendix containing the New Game Act, 5 & 6 Vict. c. 81. By JOHN JAGOE, Esq., Barrister at Law. London: V. & R. Stevens and G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. founded on the recent Statutes. By JOHN FREDERICK Inn. Sold by A. Milliken, and Hodges & Smith, Dublin. Clarke, of Portugal-street), 26 and 39 Bell-yard, Lincoln's THE LAW and PRACTICE in BANKRUPTCY, as ARCHBOLD, Esq., Barrister at Law. The Ninth Edition, enlarged by the Statutes and Cases to 5 Vict., the General Orders of the Court of Bankruptcy, and New Forms and Tables ... Orders for THE JURIST given to any Newsman, or letter STEVENS & G. 5. NORTON, Successors to J. & W. T. Caraisal of Costs. By JOHN FLATHER, Esq., of Lincoln's Inn, of Portugal Street), 26 and 39, BELL YARD, will insure its punctual Idelivery in London, or its being forwarded on the evening of publica Barrister at Law. THE THEORY and PRACTICE of CONVEYANCING. By S. ATKINSON, Esq., Barrister at Law. The Second tion, through the medium of the Post Office, to the Country. BERTON Row, and Published by STEPHEN SWEET, BOOKSELLER No. 296. LONDON, SEPTEMBER 10, 1842. PRICE 18. *The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: LONDON, SEPTEMBER 10, 1842. 1 therein." ........ { { Inn, Barrister at Law. J. R. MARSHMAN, Esq. of Lin- ROBERT PHILLIMORE, Advocate F. FISHER, Esq. of Lincoln's vowsons, messuages, lands, tithes, rents, and heredita ments, &c., and to any estate, right, or interest, other THE 3rd section of the Wills Act (1 Vict. c. 26) than a chattel interest therein; and the words personal makes it lawful for every person to devise, bequeath, or estate shall extend to leasehold estates and other chatdispose of by his will, executed in manner thereinafter tels real, and also to monies, shares of government and required, "all real estate and all personal estate which other funds, securities for money, (not being real eshe shall be entitled to, either at law or in equity, at tates), debts, choses in action, rights, credits, goods, the time of his death, and which, if not so devised, be- and all other property whatsoever which by law devolves queathed, or disposed of, would devolve upon the heir-upon the executor or administrator, and to any share at-law, or customary heir of him, or, if he became entitled by descent, of his ancestor, or upon his executor or administrator;" and provides, that the power thereby given shall extend to all real estate &c., and also to all contingent, executory, or other future interest in any real or personal estate, whether the testator may or may not be ascertained as the person, or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created, or under any disposition thereof by deed or will; and also to such of the same estates, interests, and rights respectively, notwithstanding that he may become entitled to the same subsequently to the execution of his will." On this the learned writer* of an able work observes, that though the Act "confers on every person the power to devise or dispose of such interests and rights, yet it is apprehended, that, in order to pass such interests, the testamentary power must be exercised, either expressly by distinct clauses, or by a special residuary devise and bequest; and that it is not safe to rely merely on a general devise of real or personal estate." In order to ascertain whether there is good ground for this suggestion, it is necessary to advert also to the first or explanatory clause of the Act, which enacts, that the words real estate shall extend to manors, ad * Worthington on Wills, p. 436, in notis. VOL. VI. II The question raised by the learned writer whose observation we have cited, is not whether a testator being at the date of his will, or becoming after that date, but before his death, entitled to a contingent interest, may by his will pass that interest, but whether such interest would pass under a general devise of all his real or per sonal estate. The question will therefore be, what, under the 1 Vict. c. 26, is the true meaning and extent of those general words, in the absence of others expressly or by implication excluding the gift of any contingent interest. 66 The 1st section of the Act gives the widest possible meaning to the words "real estate" and "personal estate," the former words embracing in terms any estate, right, or interest" in lands. It seems difficult to find any reason for saying that such words do not extend to a contingent interest; which is clearly some interest, if it be not actually an estate or a right. When therefore a testator says, "I give all my real estate," without more; and the Act says, that the words "real estate" shall mean any interest in lands; on what ground can it be contended that the will is to be read as if the testator had said: I give all my real estate other than any contingent interest? The Legislature has clearly evinced the utmost anxiety to give to testators the power of devising contingent interests of every kind-interests which cannot properly be called the testator's interest until the contin H gency happens, as well as those which are, even while contingent, properly the testator's. It has also given to general words, for the purposes of the Act, a construction capable of embracing, and we submit, positively and necessarily embracing, in the absence of any contradictory expressions, every kind of contingency. We contend, therefore, that when a testator uses words to which, when uncontrolled by others, the Act has annexed a particular effect; when, to give them that effect, is to infer that he has exercised a power which the Legislature has been studiously anxious to give him; and when, on the other hand, to give to his general words a more restricted sense, would be to infer, against the apparent general intent of the Act, and without express declaration of intention on the part of the testator, that he has not elected to exercise the powers given to him by the Act; and further, to make him intestate, against the general rule of law, which presumes an intention to be testate wherever the words will, without violence, admit such a construction; we say, that viewing these considerations, we contend, that, as regards the passing of contingent interests, there is no substantial ground for the caution deemed requisite by the learned writer to whom we have referred; and that, generally speaking, a devise of all the testator's real estate would pass his contingent interests in realty. Of course, however, we do not dispute the prudence, particularly if the dispositions of a will are at all intricate, of devising contingent interests, ex abundanti cautelâ, by a special clause. Next, let us consider the question with reference to personal estate: on this point, the language of the Act is still stronger. The words "personal estate" are declared to mean not merely, inter alia, choses in action, rights and credits; but, as if the word rights were not sufficient, the clause goes on to include "all other property whatsoever which by law devolves on the executor or administrator." Whatever doubt there may be whether contingent interests fall within the meaning of the word rights, there can be none that they are a property which would devolve on the personal representatives. And being clearly therefore included in the general meaning of the words personal estate under the Act, the same reasons which we have offered for contending that a general devise of real estate will pass contingent interests in realty, apply as fully in support of the opinion, that a general bequest of all my personal estate would pass any contingent interest in personalty, provided they are such as would, if not bequeathed, vest in the personal representative. The learned writer, whose suggestion we have been discussing, has not advanced any arguments in support of the view which he takes. From his expression that "the testamentary power must be exercised," it may be thought, that, with reference to realty at least, he considers the power given by the Act as something in the nature of an ordinary power of appointing by will, and therefore subject to the rules affecting such powers; but if that be the argument, we would submit, that the power given by the Act is of a very distinct nature from any ordinary testamentary power given by deed or will, and is of much greater force and extent. It is not a power of disposition given to a person who would otherwise be personally incapable of making a testamentary disposition; as, for instance, in the case of a feme covert; nor, as in many other cases, a power of disposition given to a person over property, over which, as owner, all interest would terminate with his life or other limited interest; but it is a power of disposition given to testators generally in respect of property, which would vest either in them or in their representatives by way of ownership, and over which, before the Act, the incapacity to give by will, was neither personal nor in consequence of the cessation of interest, but existed simply because the law limited the grasp of every testamentary instrument. The rules therefore which apply to an ordinary testamentary power, requiring that by reference to the particular subject of the power, or otherwise, an intention shall appear to execute the power as such, and not merely to make a will, do not appear to have any application to a testamentary disposition under the statute. But even if they did apply, it would clearly be begging the whole question, to say that a general devise of real or personal estate does not evince an intention to execute the power of devising contingent interests, since the question is, as we have already, we think, shewn, whether the use of words, which, under the special explanatory clause of the Act, embrace contingent interests, does or does not evince an intention to devise those interests. Reviews. Practice of the Court of Chancery. By S. ATKINSON, Esq., Barrister at Law. [London: Sweet, and Stevens & Norton.] An author who undertakes the compilation of a book of practice, and who brings to the task a reasonable share of professional knowledge and industry, can hardly fail to produce a useful work, even although the field be apparently already overfilled. The reason is, that besides all that vast amount of matter which is capable of being brought into a systematic arrangement, and referred to principles, practice consists of such an infinite number of unconnected items of knowledge, that no book written upon it is ever found to contain all that the practitioner requires to aid him. It is therefore useful to possess all the respectable books of practice that are put forth, as chance or the peculiar mental disposition of each writer is generally found to draw his attention to the elucidation of some points that have escaped the notice of his predecessors. We have examined Mr. Atkinson's work, keeping in mind that the profession already possesses three works of established, and, according to their different plans, of deserved reputation; besides a considerable number of other works more or less falling under the class of books of practice. The little work before us cannot of course contain any new matter on the state of the practice antecedent to the Orders of August, 1841; but the different rules are stated with a very great degree of distinctness and precision. The alterations effected by the late orders are also stated, and the decisions upon them collected with care. Of the arrangement of the author we hardly know how to express ourselves; the principle on which it is formed we are wholly unable to discover; and that which, from the well-known reputation of the author, we should have been led to expect, viz. a scientific classification, does not appear to have been attempted. It possesses, however, one which it has no doubt been designedly impressed, viz. property, with very great facility of reference. The whole book is split into little chapters, and these again into little sections, each headed with the technical and well-known designation of its subject-matter. The consequence is, that the reader can find with scarcely any effort the point on which he wants information. We may add, that, so far as we have been enabled to examine Mr. Atkinson's work, we have found it accurate in its statements of the practice; and we may safely describe it as fit to be classed in the list of useful practical works. |