|
|
|
|
|
|
|
266 WILLIAMS' CASE.
and condition, not more than a seventh nor less than a tenth of
the net amount of sales in lieu of her dower; (m) which provision
has been embodied in the now existing general act directing the
course of descents of intestates' real estates, (n) The same range
of allowance to the widow, according to her age, health, and con-
dition, is declared to be the rule in cases, like the present, where
lands are sold for the benefit of infants; (o) as well as in those
eases where the court is authorized to sell the realty in order to
save the personalty, (p) Dower is a life interest in one-third of a
real estate; and, considered merely as such, it would seem neces-
sarily to follow, that a similar rule and limited range of discretion
might have been laid down for fixing the value of a life interest in
the whole estate, as well as in the one-third of it only. But, in
amending the act to direct descents, so as to provide for allowing
an equivalent value to tenants by the courtesy, and to tenants for
life, claiming by deed or devise, it was declared, that there should
be awarded to such tenants for life such proportion of the purchase
money as the court, upon consideration of the age, health, and
condition of the tenant for life, should think just and equitable in
lieu of such life estate; thus leaving the court's range of discre-
tion entirely unlimited, (q) And these amendments have been
engrafted into the existing general act to direct descents, without
any material alteration, (r)
There is nothing in any of these laws, which shews, that in
estimating the value of a life interest in land any separation or dis-
tinction was distinctly directed to be made between that portion of
the purchase money of the whole which should be regarded as the
price of the life interest only, and that which was to be considered
as the price of the remainder or reversion. But such a distinction
does not seem to have been altogether lost sight of in all the laws
in relation to this matter; for it is declared, that upon a sale of a
reversion belonging to an infant, with the assent of the tenant for
life, the court shall order the annual interest, or such part thereof
as may be deemed equitable to be paid over to such tenant for life
during his life, (s) Whence it is clear, that the Legislature has
mot deemed it just in every instance to award to the tenant for life
(m) 1799, ch, 49, s. 6.—(n) 1820, ch, 191, s. 28,—(o) 1816, ch. 154, s. 10.—
(p) 1818, ch. 193, s. 8; 1819, ch. 143.--(q) 1909, ch. 160, s.4; 1810 ch. 25 s. 2;
1811, ch. 200, s. 2; 1812, ch. 181, s. l.— (r) 1820, ch. 191, 3. 35, 36, 37 and 38.-
(s) 1816, ch. 154, s. 13, which act has been explained and extended in remainders
by 1881, ch. 311, s. 9.
|
|
|
|
|
|
|
|
 |
