From the same desire of getting back into the paths of common
sense, they would not suffer the particle 'the' instead of 'my', to make
a difference. 'My estate at M.' means not only my lands at M., but my
fee simple in them. 'The estate at M.' means not only 'the lands the
testator holds at M., but the fee simple he has in them.' Another
objection will be made, perhaps, viz. that the testator devises in
the same clause his estate called Marrow-bone, his tract called
Horse-pasture, and his tract called Poison-field; that it is probable he
intended to give the same interest in all; and as it is confessed that
the word tract conveys but an estate for life, we must conclude that the
word estate was meant to convey the same. I should reverse the argument,
and say, as it confessed the word estate, conveys an estate in fee
simple, we must conclude the word tract was meant to convey the same;
that this conclusion coincides with the wishes of the courts, as
bringing them back to what is right and consentaneous to the intention
of the testator, as furnishing them a circumstance to distinguish the
case from the original one, and withdraw it from its authority; whereas,
the contrary conclusion tends to lead them further from the meaning of
testators, and to fix them in error.
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