easy to reconcile the above position, (which seems to be a little too extensive) with those cases in which a similar latitude of construction has not been extended to the words "daughters," "children, &c." The Courts seem to have gone far enough as well in construing appropriated words of designation, (viz. sons, children, &c.) as words of limitation, (see 2 Bligh 37.,) to effectuate a supposed general intent, collected frequently from the words themselves, (but which intent the construction exposes to immediate destruction,) as in construing appropriated words of limits ation, (viz. heirs of the body,) as words of particular designation. To depart from the proper meaning of words, without a plain intent or cogent necessity, tends to cont found the use of all language." gauds to 30 The case of Wight v. Leigh, (a) was cited in support of the above position. But it does not appear from the report that the Court considered the words "first and other sons" in that case as words of limitation.]

Cited by Mr. Preston, arg. in Mellish v. Mellish, supra, from a MS.

Devise to T. C. during his life, with remainder to his first son in tail male lawfully begotten, severally and successively, (not saying to the second, third, fourth, and other sons,) and for want of such issue, T. C., and his son J. C., then he devised

either of his son

Das Stane mont

the estate to his 910001343

daughters and their children share and share alike, to be 1 208209) 23 ange held to them and their heirs for ever, as tenants in common, and not as joint tenants. Held that T. C. was tenant in tail. STOLA 86 queer Joondiw,medt to tovivue odt to sessoob of. M to smen ndz 1(a)(Supraj 333*** @ ́to*slegt of bisa

KAN

I. Devise to trustees, and to the survivors and survivor of them, and the heirs of such survivor, of testator's freehold estate in trust to pay thereout annuities and legacies, and after bequeathing certain annuities and legacies, he devised the rents of the remainder of his estate to three nieces E. M., M. M., and C. M., share and share alike, for their respective lives; and from and after the decease of them, or either of them, the lawful issue of them, and each of them, should have his or her mother's share of such residue of such rents for life in like manner; and if either of his nieces should die in the lifetime of the others or other of them, without issue of her body lawfully begotten, the share of her dying without issue as aforesaid should go to, and be shared equally between, the survivors of his said nieces for their respective lives, and afterwards by the lawful issue of the survivors of his said nieces in like manner; and if all his nieces, and their issue, save one, should die without issue lawfully begotten, then such surviving niece should have the whole of the rents of such residue for her life, and after her decease the lawful issue -qua bas of such surviving niece, (if more than one,) should have the whole of the rents of such residue, equally between them, share and share alike, to hold to them, and each of aits of praise out hoone, their or his or her heirs and asthem, if more than one,

opa ein

ad of evin my feettoomon, and if but one, then to such signs, as tenants in common;

only one, his or her heirs and assigns for ever; and if all his nieces should should die without issue, then from and after"

the

nd after the decease of the survivor of them, without issue as aforesaid, to testator's next heir male of the name of M., to

・

hold to such heir male, and his heirs, in manner aforesaid. The Court of King's Bench, upon a case sent by the Lord Chancellor, certified that the three nieces took estates tail. The Court of Common Pleas had previously certified, (supra, 38.n. f. where for Murthwhite read Murthwaite,) that the nieces took estates for life, with remainder to their children in tail,

FINIS

J. AND T. CLARKE, PRINTERS, ST. JOHN-SQUARE, LONDON.