Fredrick Mcleod & Amos L. Dell vs. Philip Dell & W.M. Dell

Fredrick Mcleod & Amos L. Dell vs. Philip Dell & W.M. Dell

Lower Court

  • Alachua County

Date

  • 1861

Box

  • 473

Folder

  • 853

Transcript

or descendants, to import a dying without children, issue &c at time of death -- If neededthere, needed here --

Rules of construction

The will is to be construed as a whole and reconciled where reconcilable. The old rule is expanded that the first clause in a deed & the last in a will prevailed. The general intent shall prevail over a special

2[nd]. Iarman on Wills 425 & note

Here the general intent is provision for children balance of real estate to be sold and paid over at 21 years. Amos L was 21, when personalty once vests -- nothing divests.

No trustee is appointed for Amos L Dell, he was to be paid at 21 -- the legal estate vested in him.

7[th] Cowan 187

[?] on Trustees 12.

Hill on Trustees 63.

A Proviso to an absolute [?] [?] such as that the first taker shall not alien, or that estate shall not be