INDEX.—1 BLAND. 669

WASTE.—Continued.

his suit at law. But after the suit, which had been instituted here
or at law to try the right, has been determined, then, according to
the nature of that determination, the injunction be altogether dis-
solved, or be made perpetual only to the extent to which the plain-
tiff has recovered. Ib.

WILLS.

1. Wherever a testator devises a part of his estate to one who has a claim
upon it independently of him; it is a settled principle of equity,
that the devisee shall not be allowed to disappoint the express or
obvious intention of the testator by taking both; but shall be put to
his election to take the one or the other. Hall v. Hall, 120.

2. A devise of land to a religious sect without the leave of the Legisla-
ture, in some way previously had and obtained, is void. Murphy v.
Dallam, 497.