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</head><lb/><head>Ovservations continued</head><lb/> | </head><lb/><head>Ovservations continued</head><lb/> | ||
<p>may be said of them; and doubt against doubt, that <unclear><sic>expression</sic></unclear> is the least exceptionable which is the shortest<lb/> and most familiar.<lb/> The original deems to have been framed upon these considerations: 1. that <gap/>There are two ways in which<lb/> a man makes an advantage of his estate; <gap/>by taking either<gap/> the specific profits of it himself, or 2.a<lb/> price in lien of them:the word <gap/> was therefore inserted to express the 1st these cases. The words "Receipt <lb/>of the rents and profits" to express the 2- rather indeed for the sake of explanation than the word "<gap/>" was insufficient in a legal sense to include them both.2 that this however, to understand it literally <add>would com</add> might in-<lb/><add>-prize</add>-clude the condition of a bare Steward or Trustees; and therefore the restriction "in his right" was added. Lastly that these words being frequently put in contradistinction to <hi rend='underline'>"his wife's"</hi> might of themselves be understood to<lb/> be so here; & therefore the last mentioned words were coupled with them.</p> | <p>may be said of them; and doubt against doubt, that <unclear><sic>expression</sic></unclear> is the least exceptionable which is the shortest<lb/> and most familiar.<lb/> The original deems to have been framed upon these considerations: 1. that <gap/>There are two ways in which<lb/> a man makes an advantage of his estate; <gap/>by taking either<gap/> the specific profits of it himself, or 2.a<lb/> price in lien of them:the word <gap/> was therefore inserted to express the 1st these cases. The words "Receipt <lb/>of the rents and profits" to express the 2- rather indeed for the sake of explanation than the word "<gap/>" was insufficient in a legal sense to include them both.2 that this however, to understand it literally <add>would com</add> might in-<lb/><add>-prize</add>-clude the condition of a bare Steward or Trustees; and therefore the restriction "in his right" was added. Lastly that these words being frequently put in contradistinction to <hi rend='underline'>"his wife's"</hi> might of themselves be understood to<lb/> be so here; & therefore the last mentioned words were coupled with them.</p> | ||
<p> | <p>Now I can see no reason why the word " enjoyment" should not be understood to express all this. A man may<lb/>be said to enjoy an estate indifferently' where nothing more that a present enjoyment is required, whether it be<lb/>in his own right that he has come to it, or his wife's; whether it be by taking the specific profits himself or<lb/>a rent instead of them: and he can not be said to enjoy it, by taking the profits or the rent of it as a <lb/> Trustee or Steward for anther.</p> | ||
<p>I have said, a present enjoyment; for it is remarkable that nothing more is here required: if it is from<lb/> this circumstance that it seems as if the design were rather to secure a certain rank in the persons invested with these truth, than a certain fortune' under the notion that a real estate to the amount specified is not<lb/>likely to have been though for over so short a time in the hands of persons of that mean condition which it is endeavoured to exclude. In the other view the provision is <unclear>manifestly imperfect. In any view in<lb/> Will; </unclear> </p> | |||
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TURNPIKE - TRUSTEES.
Ovservations continued
may be said of them; and doubt against doubt, that expression is the least exceptionable which is the shortest
and most familiar.
The original deems to have been framed upon these considerations: 1. that There are two ways in which
a man makes an advantage of his estate; by taking either the specific profits of it himself, or 2.a
price in lien of them:the word was therefore inserted to express the 1st these cases. The words "Receipt
of the rents and profits" to express the 2- rather indeed for the sake of explanation than the word "" was insufficient in a legal sense to include them both.2 that this however, to understand it literally would com might in-
-prize-clude the condition of a bare Steward or Trustees; and therefore the restriction "in his right" was added. Lastly that these words being frequently put in contradistinction to "his wife's" might of themselves be understood to
be so here; & therefore the last mentioned words were coupled with them.
Now I can see no reason why the word " enjoyment" should not be understood to express all this. A man may
be said to enjoy an estate indifferently' where nothing more that a present enjoyment is required, whether it be
in his own right that he has come to it, or his wife's; whether it be by taking the specific profits himself or
a rent instead of them: and he can not be said to enjoy it, by taking the profits or the rent of it as a
Trustee or Steward for anther.
I have said, a present enjoyment; for it is remarkable that nothing more is here required: if it is from
this circumstance that it seems as if the design were rather to secure a certain rank in the persons invested with these truth, than a certain fortune' under the notion that a real estate to the amount specified is not
likely to have been though for over so short a time in the hands of persons of that mean condition which it is endeavoured to exclude. In the other view the provision is manifestly imperfect. In any view in
Will;
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sect. ii turnpike-trustees |
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observations continued |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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