Epstein Secrets

t having complied with the condition, the devise to him did not take effect. John Simpson by his will, dated 8 March 1792, bequeathed to his brother Michael Simpson the sum of 1,000 pounds, to be paid by him within six calendar months after the testator's decease upon his then executing to the testator's execut

declining to execute such release, then and in such case the testator revoked the said bequest of 1,000 pounds. The testator appointed his sister, Elizabeth Simpson, sole executrix. The testator died on 10 March 1792. Elizabeth Simpson by her will, dated 31 October 1793, devised all her freehold and copyhold es

re, the circumstance that she is so makes no difference. It is then contended upon the case of Earl of Northumberland v Earl of Aylesford (3) that Michael Simpson by entering into possession of the devised estate was obliged upon the doctrine of election to make the release, when called upon to do so, and, the

not take effect. That applies precisely to this case. Michael Simpson not having complied with the condition of giving a release of all claims upon Elizabeth Simpson is not entitled to the benefit of the devise, made upon that condition. There is no doubt that he is entitled to an For internal use only CONFIDEN

old estates at Hemingborough to Sarah Milner, her heirs and assigns for ever, appointing her sole executrix. The testatrix died on 2 December 1794. Michael Simpson contested the validity of her will in the Prerogative Court, and afterwards b a eal to the Court of Dele ates, but probate was on 15 July 1798, gr

r the defendants. JUDGMENT-READ: 11 AUG 1807 PANEL: SIR WILLIAM GRANT MR JUDGMENT-1: SIR WILLIAM GRANT MR: The question arises upon the will of Elizabeth Simpson. For the plaintiff it was contended first that there is no forfeiture, as he could not perform the condition until the question For internal use on

re, the circumstance that she is so makes no difference. It is then contended upon the case of Earl of Northumberland v Earl of Aylesford (3) that Michael Simpson by entering into possession of the devised estate was obliged upon the doctrine of election to make the release, when called upon to do so, and, the

not take effect. That applies precisely to this case. Michael Simpson not having complied with the condition of giving a release of all claims upon Elizabeth Simpson is not entitled to the benefit of the devise, made upon that condition. There is no doubt that he is entitled to an For internal use only CONFIDEN