Ireland, under 59 Geo. 3. c. 12. s. 33. That act provides, that if an Irishman, not having gained a settlement in any part of England, shall become chargeable to any parish, by himself or his family, they shall be passed, under the provisions of that act, to Ireland. Now here the pauper did become chargeable by his family : for his daughter being an unmarried woman, and pregnant, was, according to the 35 Geo. 3. c. 101. s. 6. actually chargeable to the parish where she was residing. Per Curiam. We are of opinion that the chargeability contemplated by the legislature in 59 Geo. 3. c. 12. s. 33. was the actual asking for parish relief, and not the constructive chargeability created by 35 Geo. 3. c. 101. s. 6. The order of sessions is wrong, and must be quashed. Order of sessions quashed. Scarlett and Courtenay were to have argued on the other side. 1822. The KING against The Inhabitants of WHITEHAVEN, 1822. Where a testa DOE on the several Demises of DRIVER, VINES, and Another against BowLING. tor, after devis EJECTMENT for certain premises, at Croydon, in Surrey. The case was tried at the spring assizes ing his estates to his wife for life, bequeathed for that county, in 1821, and a verdict was found for certain specific real property the plaintiff, subject to the opinion of the Court upon scribed particu- the following case: James Harris, now deceased, being seised in fee of the premises, on the 25th December, (which he de larly) to each ing book debts, ready money, monies in the funds, upon bond, and other wise whatso ever, share and share alike, to be divided amongst his three daughters, to be paid them 1796, duly made his will, whereby he directed his executors to sell his business and stock in trade for the best price that could be got for them, and to allow his wife, Sarah, during her life, the use of such part of his household furniture, &c. as she might choose; and, after her decease, to divide such household furniture, &c. equally amongst his three daughters, Elizabeth, Ann, and Sarah. And he then devised to his wife, for life, all his freehold estates, houses, lands, and buildings whatsoever; and, at her decease, he bequeathed certain spereal property to each of his three daughters, in Each devise described very particularly the lands, given to each daughter. And he then bequeathed as follows: And also, after my decease, and all my just debts are fully paid, and my business and stock in trade severally at interest in the meantime; and fee. in case either of them died before twentytwo, or single, or before marriage, that the deceased's por &c. 66 tion should be equally divided between the two survivors, share and share alike, or their heirs; and in case two died without heirs, that the whole should devolve to the survivor and her heirs, in case no husband was living. If so, they enjoy the property during life only, and afterwards, her or their fortune goes to the heir or hers of the survivor or survivors at law;" and that in case all his three daughters die without heirs, and leave no husband living, or at the decease of the sail husband or husbands, certain legacies should be paid "out of the before-mentioned estates ;" and that all the residue of the estates should be sold, and equally divided share and share alike, amongst his (the te tator's) brothers and sister: Held, that this latter devise extended both to the real and personal estate, and that the husbands of each of the daughters, by necessary implication, took an estate for life in the real property bequeathed to their respective wives. disposed disposed of, the surplus remaining, and book-debts, with all my ready money and monies in the public funds, and monies upon bonds, and mortgage, and otherwise, whomsoever, wheresoever, and whatsoever, I give equally, share and share alike, to be divided amongst my three daughters, Elizabeth, Ann, and Sarah, to be paid them severally when they arrive to the age of twenty-two years, their equal share, and not before; and desire my executors, &c. may place the said sum, be what it will, out to interest, either in the public funds or for other real security, and apply the interest to their support, in order for the said interest to find them food and clothes, and pay for their education, or what is judged needful by their trust, so that they may not be obliged to live upon any part of their mother's small income; and in case either of my three daughters, Elizabeth, Ann, or Sarah, shall die before they arrive to the age of twenty-two years, or die single, or before marriage, the said deceased's portion shall be equally divided between the two surviving sisters, share and share alike, or their heirs; also, in case two of my daughters die without heirs, then the whole devolves to the surviving one, and her heirs, in case no husband is living; if so, they enjoy the property during life only, and afterwards her or their fortune goes to the heir or heirs of their sister, as heirs at law. I also make this reserve, in case all my three daughters shall die without heirs, and leave no husband living, or at the decease of the said husband or husbands, should it happen such then exist at their decease, I give, out of the before-mentioned estates, &c. [he then specified certain pecuniary legacies.] And if this should so happen, when those legacies are so paid, I leave and 3 B 2 give 1822. DOE dem. against BOWLING. > 1822. Doz dem. give all residue of my estates that remains, to be sold, and equally divided, share and share alike amongst my three brothers George, Edward, and Joseph Harris, and sister Sarah Barnett, or their heirs. On the 22d January, 1799, the testator died, leaving Sarah, his wife, and Elizabeth, Ann, and Sarah, his daughters and only children, surviving. In the month of September, 1802, Elizabeth died, unmarried and under the age of twenty-two years. On the 20th June, 1807, Ann married the defendant, and, after attaining her age of twenty-two years, died in May, 1808, without issue. On the 29th August, 1809, Sarah married A. P. Driver, one of the lessors of the plaintiff; and, afterwards, on the 26th day of April, 1819, died, leaving issue. In September, 1820, the testator's widow died. The present ejectment was brought to recover possession of a moiety of a house originally contained in the specific devise in fee to Elizabeth, which moiety was claimed by the defendant as devisee under the above-recited clause. The question for the consideration of the Court was, whether, under the above clause, the defendant was or was not, on the 1st day of January, 1821, entitled as such devisee. It was admitted, on a question put by Abbott C. J., that, on the death of all the three daughters, without issue, the heir at law of the survivor would be one of their three uncles, mentioned in the residuary clause of the will. Platt, for the lessors of the plaintiff, contended that the latter part of the will was confined to the testator's personal estate only, and therefore, that the defendant did not, as husband of Ann, take an estate for life in the moiety of the house, which, on the death of Elizabeth, beth, descended on her and Mrs. Driver, as surviving coheiresses. The testator first disposes of all his real property in fee to his three daughters, and then altogether of his personal estate. The daughters are to take equal shares, and the interest of their shares is to be applied to their support. And then, in case one of them dies under 22, her portion is to be equally divided; and if two die without heirs, then the whole devolved on the survivor. All this applies to the personal property, for the words share and portion are synonymous, and the former clearly is confined to the personal estate. If so, the devise by implication to the husband for life cannot apply to the real estate, and then the defendant has no title. Chitty, contrà. The devise applies to the whole, both real and personal. The word portion obviously refers to the previous division made by the testator of specific portions of his real property to his three daughters. And the words following them, relied on by the other side, are strong to this effect. For the testator, after saying, that the whole devolves to the surviving daughter in case no husband be living, adds, "if so they enjoy the property during life only, and afterwards her or their fortune goes to the heir of the surviving sister as heirs at law." These words property and fortune, apply to the whole given by the will, and the devise over is to the heirs of the sister as heirs at law, which can only be in case of real property. Then the devise over to the uncles is also strong; for he gives legacies "out of the before mentioned estates," which is strong to shew real property was intended, and ultimately after these legacies are paid, devises all the residue of his estates to be 3 B3 sold 1822. Doɛ dem. against BOWLING |