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Click Here To Edit Observations. continued.
[on a Personal Estate . . . O.] One could wish to know What one wishes to know here is whether it was the compiler's meaning of the compiler of that clause. (such as is (for instance that Chattels Real are estates
for years in land) for instance should reckon into Personal Estate: or not if it
was not the his intent would
certainly be frustrated, because the term in question expression being at least equally
susceptible of that sense which includes such estate, as of that which does not, v. Bacon Abridgmt in a penal law, like this, the
former construction as being the most favourable would be adopted: if it was, then a qualification
thus composed being as much a mixed one as any, it is plain one can hardly suppose, but thatthe omitting to allow of as many other mixed
ones as could be composed out of the simple ones admitted was by oversight & not by design. Indeed it would have
been an strange thing to have happen'd by design, that an estate for ever should stand excluded, while a momentary
one to so greater an amount is excluded. The consequence however of the omission, oversight that a man estate is accepted of, a perpetual one to equal amount should stand excluded. Be this as it may, one sees the consequence
of the omission to be that a man may be excluded who possesses a property to three times the value within a trifle of that which is
deemed necessary sufficient; when it is plain evident that as clear a responsibility may be constituted out of a mixture of the 3
different kinds of property specified,
as by any one of them singly. If it were not so, such a mixture
would hardly have been admitted in so much more important a trust as that of a command in the Militia.Stat. 9. G. 3. c. 42 § 3
This is not the only occasion one has to lament that point especially which concerns the divisions of property in particular the ambiguity of legal language; a defect an evil fatal to all
the purposes of language while where it subsists, & for which nothing but a system of well-digested definitions
is the cure.
Possessed of or entitled to
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