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B8S iJSGAi, NOTES.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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-^ ¦ In The Present And Future Numbers O...
point , but solely upon the ignorance of the settlor as to the legal effect _*" ¦ The of general the instrument rule of law . as to voluntary deeds is , that such an inthe in
strumentif no fraud have been practised by grantee proviz the curing grantor b it selling , , is . good He the may both , however at erty law and , the defe in subj at equity the ect gr of , antee and the 's is voluntary claim irrevocable indirectl grant b y y _^ , " _,
volunt to . a , purchaser e y er grantee . But it prop is , irrevocable as between , by the the immediate former if grantor the grantee and hav the e
not used any fraud , in procuring it to be made to him . It is unusual to find a mistake of law held even by a court of equity to be a ground
for as -well ordering as fraud the cancellation ishowever of always an instrument relieved . against A mistake in of equity fact , .
, , , rather The mistake of fact made than by of Elizabeth lawas she Marston doubtless in the intende present d that case the was deed one
should be so drawn as to , contain a limitation of a life interest in the property to herself , as also a power of revoking the whole
prepared a grant will whenever was it not to . have she Not told pleased being her . thus that It was advised a deed the , was she duty had irrevocable of the committed do attorney The , and an Vice who tha act _- * t
Chancellor of improvidence therefore , which considered she had the not instrument intended to to be . essentially - 'unsound and , voidWe , have seen this case commented upon by a
. ' cotemporary , { The Solicitor ' s Journal , vol . 5 , p . 810 , ) as offering some ground for comment as to the soundness in point of law of the
_- "Vice-Chancellor ' s decision . The writer in The Solicitor ' s Journal that appears the deed to have was thoug only ht partiall that y His invalid Honor in oug not ht having to have limited considered a life
but of estat the that e and famil it was a power for valid whom of as revocation regarded she intended a to subsequent Elizabeth to provide Marston limitation . It cert the ainl in settlor y favor is a ,
y matter hard ease onl , if should it be not invalidate hard law the , th whole at a mistake instrument upon . one The particular mistake
such as it y waswas moreover occasioned by the imperfect explana- , tion of the nature , of a deed as contradistinguished from a will , given
' by silence the on attorney this knew point to the Elizabeth is , ordinary perhap Marston s , distinctions to be attributed . The between cause to his a of deed supposin the and attorney g a will that ' s .
- make This every unwarranted was person the an assumption as observation regards Elizab which e the th Marston present most ; case and shows we think to have we could been ¦ '
_* same as regards women . *" Jones ' ¦ - v . Soulhall in . the Decided " Jurist b " y of the December Master of 14 the ., 1 Molls 8-61 . , and reported
This case illustrates a curious phase of matrimonial
_jurisprudence c legal able to . personalit the By j the urisprudence y law . . Whatever of Eng of land most she , which countries acquires , in , this by a wife g respect ift , or as service , such is conform , has in the no -
B8s Ijsgai, Notes.
B 8 S iJSGAi , NOTES .
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Citation
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English Woman’s Journal (1858-1864), Feb. 1, 1862, page 388, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_01021862/page/28/
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