JB/078/212/001

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1826. Decr 12.
J. B. v. Sugden
1.

According to Mr Sugden, establish legislative
rules for the construction of deeds, so must
you, if you preserve consistency, for the construction
of wills. Answer. observation. For doing
what requires to be done for the exclusion of uncertainty
two operations will require to be performed.
One is by legislative authority, providing blank
forms, adapted to the several modes of dispositions,
which are in use on likely so to be. In this there
is no violent innovation: for in regard to forms
of conviction, this is no more than has been long
done in frequent practise. From this same established
practice may be deduced another lesson:
this consists in simply saying, this is a form that
may be employed and if employed will be valid,
without saying, and other, if employed, shall not be
so. This too is the very course that Mr Sugden
himself has just been recommending.

As to Wills, what were to be wished is
that a course which, with so large an effect, is
capable of being taken with regard to deeds could
with equally large effect be taken with regard to
wills. Unfortunately that is not the case; The
connections for which a Testator would wish to
make provision being in so high a degree numerous
and complicated; whereas every thing
is at the highest pitch of comparative simplicity
in the case of the most frequently employed
disposition by deed, viz Sales, Mortgages, and even
family settlements

This accordingly is what has been observed by
Mr Bentham.

Identifier: | JB/078/212/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-12-12	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	212	Info in main headings field	JB v. Sugden
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25303
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