JB/028/120/004

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12)

Common Law

necessary to tell us that make an exception that last Wills are. For that there
is such a rule as that just mentioned, notwithstanding a rule long
and steadily adhered to, is what, notwithstanding the aversion
shewn to it by the liberal Lawyer men of the profession is
unhappily but too true. If I for example
in making over a to you an Estate to another means that
that other mean you should have the power of giving it away
from his your relations, and upon such terms only you mean
to accept it, it is not all all the works words in
the world language put together would do the business, without
from two choice ones by which a any man not in the
secret of the Law would suppose it we meant to
secure it to your relations. Were I to say I give
you the such an estate with a power of disposing of it for
ever, no such power would you have: you would only
have the power of disposing of it for your life. To give
you the full power, I must say I gave it to you
and to your heirs. Now the particular rule in question concerning⊞ ⊞ the particular instrument of conveyance called a Will Wills it sprung grew
up it is plain, as an exception out of this general one concerning⊞ ⊞ instruments of conveyance in general. as That
the principal general rule is one which the our Saxon ancestors are entitled
to the honour of, is not would not be easy, I believe, to prove.
I think it would be easy enough, wee it worth while,
to prove the contrary.

5. This rule is obliquely insinuated, for even our Author is ashamed
to asso avow it boldly openly, in the 1st of those he gives us
for the construction expounding of deeds, viz: "that the construction

5. The next branch of the Title of Law
Common Law which our
Author gives us as a specimen
of that branch which
depends upon an usage that
is immemorial, is that which
comprehends the rules observed in the expounding of Deeds. ☞ continued at Inserenda p.2. No 2

Identifier: | JB/028/120/004 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	120	Info in main headings field	common law
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9385
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