EXCESSIVE  EXECUTION,

1.  the  effect  of  it  where  there  is  an  excess  in  the  otyjecU         443
nnder  an  appointment  to  a  child  capable,  lor  fife,  re-
fliainder  to  his  children,  incapable,  in  la'd  as  pur-
chasers the  parent  shaB  take  an  estate  tail  -         444

EXCESSIVE


inoejt;  585

EXCESSIVE  EXECUTION,  (Continued)

but  not  unless  that  constnietion  will  meet  the

testator's  intention  -  -  448

and  the  doctrine  is  confined  to  wills  450

and  to  real  estate  -  *  449

where  void  remainders  are  given  and  the  doctrine  of

cypres  cannot  be  applied  the  remainders  only  are

void  ...  450

tlie  effect  of  an  indefinite  g'ft  to  persons,  tome  objects

others  not  .  •  •  45}

gift  embracing  objects  not  within  the  line  of  perpetuity

void  18  to  all  -  -  -  ■    453

gift  to  persons  some  objects  others  not  equally  or  in

gross  sums  good  pro  tan  to  -  -        4^5

▼old  limitation  prevents  a  good  limitation  over  from

taking  effect  -  -  455

unless  it  be  given  on  a  contingency  with  a  double

aspect  and   the  limitation  to  the  strangers

never  arise  .  -         '      -  '     456

or  a  void  power  be  limited  to  appoint  the  fiind

amongst  the  objects  and  it  is  given  to  them  in

default  of  appointment  •  -  457

2.  the  effect  of  it  where  there  is  an  excess  in  the  quantity

of  interest  *      -  .  .  457

good  pro  tanto  where  the  exceis  is  distinguishable  468

lease  exceeding  the  term  authorised  good  pro  tanto  in

equity  void  at  law  in  tpto  -  .  458

but  where  a  distinct  limitatioti  is  added  that  only  will
be  void  *  -  -  -     4gQ

unless-  the  limitations   althtmgh  several  make
but  one  esute  in  law  -  460

money  charged  exceeding  the.  sum  authorised  good,  in
equity  pro  tanto  ...  450

3.  the  effect  of  it  where  conditions  are  annexed  not  autho-
rised by  the  power  ...  453

the  condition  only  is  void  -  463

valid  appointments  will  be  sustained  although  con-
founded in  the  same  instruments  with  other  objects    464
SeeJexwTvaiira^Powx&ov*    Lease,  Powsb

TO.
