CASES

ARGUED AND DETERMINED

IN THE

Courts of Common Pleas

AND

Exchequer Chamber,

IN MICHAELMAS TERM,

IN THE SEVENTH YEAR OF THE REIGN OF GEORGE IV.

MEMORANDA.

IN the course of the last vacation, the Right Honourable Robert, Lord Gifford, Master of the Rolls, died. He was succeeded by Sir John Singleton Copley, Knight, his Majesty's Attorney-General.

Sir Charles Wetherell, Knight, his Majesty's SolicitorGeneral, was promoted to the office of Attorney-General, and Nicolas Conyngham Tindal, of Lincoln's Inn, Esq. was appointed his Majesty's Solicitor-General, and shortly afterwards received the honour of knighthood.

1826.

1826.

A testator, by
his will, duly
attested, after
devising his es-
tate C. to his
son J., in fee,
devised all his

estate O. to two
trustees (whom
he named as
his executors),

and their heirs,
directing them
to sell it :-
having after-
wards sold his
estate C., and
purchased an-
other, A., he,
by a codicil
written on the

GUEST and Another v. WILLASEY, an Infant, and Others.
IN this case (which was sent by his Honour, the Mas-
ter of the Rolls, for the opinion of the Judges of this
Court) (a), the facts were shortly as follow:-

A testator, by will, dated the 10th February, 1814, duly executed and attested to pass real estates, after devising an estate, called Clifton Hall, to his son James in fee, gave and bequeathed to Nicholas Salisbury and Abraham Garnett, their heirs and assigns, a certain estate in Jamaica; and also all his real estate and property whatsoever, situated in Great Britain, the West Indies, or elsewhere, which he might die seised or possessed of, or in any wise interested in or entitled to; to hold the same to the use of Salisbury and Garnett, their heirs and assigns, for ever, upon trust, to sell the same in manner therein mentioned; and he appointed them executors of his will. tained from the Some time after making this will, the testator sold Clifton Hall; and, in 1818, purchased a freehold estate, called Allerton Hall.

back of the will,

attested by two

witnesses only, directed that

the money ob

sale of the estate C. should go to a general fund, to be divided amongst

all his children; and also, that the estate 4.

On the 18th of November, 1819, by a codicil to his will, signed by the testator, and attested by two witnesses only, he stated, that, as Clifton Hall was sold, it was his wish that the money obtained for it should go to the general fund, to be divided amongst all his children, and not to James only, as his will directed; and also, that his trix jointly with late purchase, viz. Allerton Hall, should be sold; and the will. By a that the money obtained for it should be equally divided

should be sold,
and its produce
applied in like
manner; and
he appointed his
wife an execu-

those named in

second codicil,

also attested by amongst all his children, share and share alike, as the

two witnesses

only, he, after

stating that one half of the estate O. had

been sold, and

(a) See 10 B. Moore, 223.

giving directions as to the sale of the other half, appointed new executors in lieu of those named in the will; subsequently, he made a third codicil, duly attested to pass lands, by which he merely appointed another executor in the room of one of those in the second codicil named; all the codicils were written on the back sheet of the will:-Held, that the third codicil operated as a republication of the first codicil.