Howe V. Earl Of Dartmouth, Rule In in Europe
Definition of Howe V. Earl Of Dartmouth, Rule In
((1802, 7 Yes. 137.) ” Where personal estate is given in terms amounting to a general residuary bequest, to be enjoyed by persons in succession, the interpretation the Court puts upon the bequest is that the persons indicated are to enjoy the same thing in succession ; and in order to effectuate that intention, the Court, as a general rule, converts into permanent investments so much of the personalty as is not so invested, and also reversionary interests. The rule did not originally ascribe to testators the intention to effect such conversions, except in so far as a testator may be supposed to intend that which the law will do ; but the Court, finding the intention of the testator to be that the objects of his bounty shall take successive interests in one and the same thing, converts the property, as the only means of giving effect to that intention ” (1 Lead. Cas. Eq. 78)
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Definition of Howe V. Earl Of Dartmouth, Rule In is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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