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26 April 1805
Evidence
Testator is just dead, bequeathing having bequeathed to you by his will, a certain
horse now living feeding in a field attached to his house, giving and appointed Fiduciaries the Executor of such his will. You have To this horse you have a right,
but of what sort? Not a compleat consummate right; only
an inchoate and as yet imperfect one. What you have an
immediate right to is the sort of service on the part of Fiduciaries that which will be rendered
to you by delivering to you the horse, and thereby by enabling you to
keep the horse in your a field of yours and make such use of
him as you may think fit. If without his having rendered
to you that service, you were to attempt to take away the horse,
he might under the protection of the law, as above, make the
same resistance to you, as if you were to attempt without
his consent to take the value in money out of his purse.
What you have moreover a right to is as before, in
the event of his not having delivered over to you the horse
before the point of time, before which in virtue of the law
relates to Executorship, he was stood bound to render to you that
service, a corresponding service to be rendered to you, as
above by the Judge. By the Fiduciaries your inchoate
right in relation to the horse might and should have been converted compleated honoured into a consummate
one: he feeling, the same conversation may, and at your
instance demand right Fiduciaries after due opportunity relieved
him having no efficient reason to abridge to the contrary) ought
to be rendered to you by the Judge.
Identifier: | JB/058/065/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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