a thesis - Institute of Advanced Legal Studies

70 EXPRESS TRUSTS.
intention of the parties." (Sackville-West v. Viscount Holmesdalc
(1870), L. E. 4H. L. at p. 554.)
Illustrations.
1. A. devises property to B. for payment of debts and legacies
and afterwards to settle the remainder; and what remains unsold a
moiety to C. and the heirs of his body by a second wife; taking
special care in such settlement that it never be in the power of C. to
dock the entail during his life. C. is only entitled to a life estate.
Leonard v. Earl of Sussex (1705), 2 Yern. 526.
2. A. devises [sz'c] 3007. to be laid out by her executrix in lands
and settled to the only use of: her daughter B. and her children ;
and if she die without issue the lands to be equally divided between
her brothers and sisters then living. There being no evidence of
a contrary intent, B. takes an estate tail. Siceetapple v. Bindon
(1705), 2 Yern. 536.
3. A. devises real estate to X., Y. and Z. upon trust (by advice
of counsel] to convey the same to the first son of B. for ninety-nine
years if he should so long live, remainder to the heirs male of the
body of such first son, with remainders over. The intention being
to make as strict a settlement as possible, the conveyance in
pursuance of this will must, after the limitation to the first son of
B., contain a limitation to trustees during his life to preserve
contingent remainders. Stamford v. Hobart (1710), 3 Brown
P. C. 31.
[Note.—If the limitation to trustees to preserve contingent
remainders were not inserted, the contingent remainder to the
heirs male of the first son of B. would fail for want of a particular
estate of freehold.]
4. A. by will gives personal estate to be laid out in the purchase
of lands for B. and the heirs male of his body to be begotten for
ever; and for want of such issue, to C. and the heirs male of his
body to be begotten for ever; with remainders over, and appoints
C. his executor. B. takes an estate tail. Seal v. Seal (1715),
Precedents in Chancery, 421.
[Note.—This case is also reported in 1 P. Wms. 290, and 2 Eq.
Abr. 346, which state that there was a direction to settle the lands
on B. and his heirs male which would make it an executory trust,
but this is omitted in the Prec. in Ch. report, and in its absence