1841.

D'AGLIE

v.

FRYER.

public funds or at interest; the stocks, funds
rities to be varied at discretion: and my w
the said W. V. Fryer, A. G. Wright and J
do stand and be possessed of and interested
stocks, funds and securities, and the intere
and annual produce thereof, upon trust
such interest or dividends or annual pro
W. V. Fryer and his assigns, an ann
during his life; the said annual sun
quarterly payments, the first quar
made at the expiration of three c
after my decease, and a propor
annual sum to be payable from ti
preceding the death of the said
day of his decease; and upon
of the income of the said tru
and securities (subject to the
nuity to the said William V.
shall continue payable) to S
for her separate use, free
sent, or any future husba
Charles Neve shall survi
to the said Charles Ne
of 300l., during his li
to be payable by qua
payment to be made
months from the de
a proportional pa
able from the las
of the said Ch
cease." After

testator, first of all, says: "To Captain James ss, 1,000l.; to his sister, Mary Wemyss, 2001."

last bequest included the

aunts, but not the sister.

1841.

D'AGLIE

0.

FRYER.

in the testatrix's name, but of the money which he had invested in the purchase of that stock in the testatrix's name; and, consequently, that the trustees ought to have converted the long annuities as well as the other parts of the testatrix's residuary estate: that, the words in the codicil: "Fifty pounds per annum," were an erroneous description of the amount of the long annuities purchased by Boswell, and that it was a rule of law that falsa designatio non nocet; and, therefore, the Plaintiff was entitled to the relief prayed by his bill.

Mr. Jacob, Mr. Parry, and Mr. Tillotson appeared for the Defendants: but

The VICE-CHANCELLOR, without hearing them, said:

It seems to me to be a specific gift of 507, per annum long annuities.

The testatrix first uses the expression: "All the money "then she shows what she means by those words, namely, 50l. per annum.

The proposition is true that falsa descriptio non nocet; but then it must be connected with a clara descriptio, that is, what is clear shall not be cut down by something erroneous; but this lady seems to have expressly declared what she does mean. It seems to me to be a clear expression of intention to give 50l. per annum long annuities.