PUE vs. PUE. 387

of his daughters, his power over the lands given to his daugh-
ters having been exhausted by the devise in fee to them; and
the language in the clause creating the trust, so far as these
grandchildren are concerned, proceeded upon a mistaken view
of his power; for I do not think it can be inferred from this
inaccurate reference to the devise to the daughters, that he in-
tended to change the nature of the estates he had previously
given them, in clear and technical terms. 1 Jarman, 425.

Another consequence would follow the constructions con-
tended for by the counsel for the surviving sons of the testator,
which, it appears to me, would be repugnant to his obvious in-
tention; and that would be, that the fee in the lands devised
to the daughters, would be undisposed of by the will, and
would descend upon his heirs at law. The will was made be-
fore the act of 1825, ch. 119, and, therefore, the child or chil-
dren of the daughters, if they take as purchasers under the will,
could take no more than estates for life, which would be plac-
ing them in a worse situation than the children of the testator's
sons, to whom the remainders of the property devised to their
fathers are expressly limited in fee simple. This construction,
therefore, would defeat the general intent of the testator, which,
though first expressed, shall overrule the particular intent, as
is now fully established. 1 Jarman, 411, in the notes.

My impression, therefore, is, that Harriet, the daughter of the
testator, took an estate in fee, in the land which the petition in
this case seeks to have sold; and the remaining question is,
whether it sufficiently appears; that it will be for the interest
and advantage of the parties interested, that it should be sold.

This of course depends upon the proof; and, upon a careful
examination of it, I am of opinion, that it does so appear, and,
therefore, a decree will be signed for a sale. This decree will
provide for a surrender of the lease as proposed; and as the
petitioners, Rezin Hammond and others, intervened in this
cause, with the leave of the court, the costs of the entire pro-
ceedings will be paid out of the proceeds of the sales.

[No appeal was taken from this decree.]