Blackburnes Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of Common Pleas |
English Reports Citation: 123 E.R. 1083
THE COMMON PLEAS
blackburnes cask. Debt. Hob. 285. A devise to a feme till her daughter comes to such an age, is a term, and goes to her surviving husband. Norf. An action of debt was brought by I. S. against Blackburne upon a lease for a year, and so from year to year ; and upon nil debet pleaded, the jury gave a special verdict to this effect. Wells seised of land in fee, devised them to his daughter and her heirs, when she come to the age of eighteen years, and that his wife should take the profits of the land to her use, without any account to be made until the daughter come to the age of eighteen years : and made his wife his executor and died ; and it was provided that the wife should pay the old rent, and find the daughter at school until she could read and write English, the feme enters and proves the will, takes husband and dies, the husband assign this term to the lessor who brought this action. And it was found that all the conditions were performed, and that the daughter was within the said age of eighteen, viz. thirteen years. And the sole question was, whether it be a term for years in the...
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