Emanuel v Constable
| Jurisdiction | England & Wales |
| Judgment Date | 26 June 1827 |
| Date | 26 June 1827 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 639
HIGH COURT OF CHANCERY
S. C. 5 L. J. Ch.(O. S.) 191.
emanuel v. constable. Rolls. June 20, 1827. [S. C. 5 L. J. Ch. (0. S.) 191.] The statute of the 25 G. 2, c. G, does not extend to wills of personal estate only ; and a legacy to a person, who is an attesting witness to such a will, is not void. This was a suit for the administration of the property of a testator, who made a will of personal estate only ; and the question in the cause was, whether a pecuniary legacy to a person, who was a witness to the will, was or was not void under the 25 Geo. 2, c. 6 1 Mr. Sugden and Mr. Phillimore contended, that the legacy was void. The act, they said, declares (s. 1), " that, if any per son shall attest the execution of any will or codicil, which shall be made after the 24th day of June 1752, to whom any beneficial devise, legacy, estate, interest, gift or appointment of or affecting any real or personal estate, other than and except charges on lands, tenements, or hereditaments for payment of any debt or debts shall be thereby given or made, such devise, legacy, estate, interest, gift, or appointment shall, so far only as concerns such person attesting the execution of such will or codicil, or [437] any person claiming under him, be utterly null and void." What more general words could the legislature have used, if it had been their intention to make the act apply to personalty as well as to wills of real estate? The language of the enacting clause, where it is direct and'unam-biguous, cannot be...
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