Then it was argued from the Nature of the particular Legacies; they were of such a sort, as that they must be given without Sense or Reason, had she not supposed her Child's Death, as well as her own, in her lying in; for otherwise those new Ribbons must become old, which were intended as a Present to a young Gentlewoman; Clothes lockt up in a Trunk would have been of no Use to Persons then in Distress, and the poor Orphan had gone too far in Years to learn a Trade. Then other Things are given as Tokens to be kept, and worn by them for her sake, as long as they lived: Now what Reason can be assigned for this, if she did not mean and suppose a Death in her lying in: From whence it was inferred, That the Intention of the Testatrix was to give all she had to her Child, in Case she survived her; and if it did not survive her, but was taken away as well as herself, in her lying in, then her Intention was to give that same All (which she had given to her Child) to other People, as specified in the Will; and unless this were the Intention, the Child must have starved, or lived upon Charity, not having the Property of what was left it; and the Condition precedent, according to the Respondent's Exposition, excludes the Child till its Years of discretion; wherefore 'twas prayed that the Decree might be reversed.
On the other Side it was argued with the Decree, that the same was just; that no Objection could arise from the Nature of the other Legacies, or of this, as being reasonable or unreasonable; for that 'tis the Natural Right and Privilege of every Person, to dispose of that which they have, at their Pleasure, to do what they will with their own; a Privilege so certain, that though 'tis used many Times to ill Purposes, yet the Law cannot interpose, nor restrain the Proprietor, no not to preserve him and his Family from Ruin, as daily Experience shews: That it is agree able to Law and Justice, and to true Piety, to see that the Will of the Dead be performed; and tho' the Law have ascertained how Estates shall go, when there is no Will, yet when there is a Will that disposes of it otherwise than the Law would do; the Courts below will compel a Performance of such a Disposition, as the Will directs.
Then 'twas said, That the Intention of the Testatrix, in Favour of the Respondent, is both Charitable and Prudent; He was her nearest Relation in England, and considering a great Part of what she left was once her Husband's, she honourably gave as much to his, as to her own Relations, making her Husband's Sister, and the Respondent Charles, residuary Legatees to share equally; and so is the Decree: And to Reverse this Decree, and [197] permit the Appellant to go away with the whole, (as she must, if the Decree be reversed) doth directly destroy all the Prudent and Charitable Intentions of the Testatrix, and carries the Estate where she never designed it, viz. to the Appellant.
Then 'twas argued, That the Court of Chancery had done well in taking the Opinion of Persons skilled and knowing in the Matter in Question; that the Gentlemen of the Long Robe of that Country, now here in London, did all give there Opinions, that according to their Construction of these Words in a Will, it was an Arrival to Years of Maturity or Age enabling to dispose; that unless the Child had lived to such an Age, as that she had been capable to give the same away, her Representative in this Case, could not be entitled to it.
Then 'twas said, That Words are to be interpreted according to the Sense and Acceptation of those which use them: That the Testatrix was a Native of France, and therefore this Method of inquiring into her Meaning was just and reasonable: That the Courts at Law have frequently consulted Merchants about the Signification of Mercantile Terms, and Trinity House about Marine Phrases; so in like manner Grammarians, Criticks, Chymists, and Artificers have been in the Court of King's Bench consulted, according to the Nature of the Thing in Question, upon Words belonging to, and used in their respective Professions: That in case of Words disposing of an Estate in a Foreign Language, by the Will of a Foreigner, the Judgment of Divines or Grammarians could be no proper Direction to the Court of Chancery; but the Means of Information must be from those who were acquainted with the Rules of Interpretation in case of Wills amongst those People: That the Opinion of those Gentlemen was sufficient to justify the Decree.
But then it was further argued, That here the Meaning of the Testatrix could
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