Cave Domina v Cave Bart

JurisdictionEngland & Wales
Judgment Date26 June 1705
Date26 June 1705
CourtHigh Court of Chancery

English Reports Citation: 23 E.R. 925

HIGH COURT OF CHANCERY

Cave Domina
and
Cave Bart

Not followed, Bech v. Rebow, 1706, 1 P. Wms. 94. Referred to, Norton v. Dashwood, [1896] 2 Ch. 501; In re De Falbe, Ward v. Taylor, [1901] 1 Ch. 528.

2 VEEN. 508. CAVE V. CAVE 925 [508] Case 457.-cave domina versus cave bart. [Not followed, Bech v. Rebow, 1706, 1 P. Wins. 94. Referred to, Norton v. Dashwood, [1896] 2 Ch. 501; In re De Falbe, Ward v. Taylor, [1901] 1 Oh. 528.] June 26, [1705].. [1] Eq. Ca. Ab. 268, pi. 6. A. devises 4000 to his son, to be paid at his age of twenty-five, and interest in the mean time, and he to have a maintenance thereout; and directs the 4000 to be raised out of a trust-estate. The son dies under twenty-five. This is a vested legacy, and shall go to his executors. Vol. 1, Case 201. Pictures and glasses put up instead of wainscot, or where wainscot would otherwise have been put, shall go to the heir, and not the executor. 4 Co. 64 a. Sir Roger Cave by his will devised four thousand pounds to his son Charles, to be paid him at his -age of twenty-five, and interest in the mean time (at 5 per Cent, per aim. from his the testator's death, R. L.), and he thereout to...

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12 cases
  • Heir and Ancestor
    • United Kingdom
    • High Court of Chancery
    • 1 January 1744
    ...Land sold, yet his Administrator shall have it, being an Interest vested. Mich. 1684, Bartholomew and Meredith, I Vern. 276. Vide [Cave v. Cave] 2 Vern. 508, (a) where a Portion to be paid pursuant to a Marriage-Settlement, was held an Interest vested, being made to carry Interest, though t......
  • Elwes against Maw
    • United Kingdom
    • Court of the King's Bench
    • 13 November 1802
    ...v. Lawton, 3 Atk. 13, 16; (d) Bull. N. P. 34. (a)1 The words in the original are " pur occupier son occupation." (&)1 Salk. 368. (a)2 2 Vern. 508. (J)2 3 Atk. 13. (c)2 1 Atk. 477. 3 EAST, . ELWES V. MAW 513 during the term, take away chimney pieces, and even wainscot; but the latter is ......
  • Lord Dudley against Lord Warde
    • United Kingdom
    • High Court of Chancery
    • 24 October 1751
    ...therefrom, and to con- " sider as a personal chattel any thing which has been affixed thereto." See Ex parte Quincey, 1 Atk. 477. Cave v. Cave, 2 Vern. 508 ; Keilw. 88 a.-But in Squill v. Mayer, 2 Freem. 243, a furnace fixed to the freehold, and hangings nailed to the walls, were held to go......
  • George Prowse, Administrator of Thomas Prowse, Plaintiff; (1) and George Abingdon and Wyndham Harbin, Trustees of the Real Estate, Rupert Floyer and Ann his Wife, and Charles Abingdon, Defendants
    • United Kingdom
    • High Court of Chancery
    • 28 April 1738
    ...135 ; or whether it is charged upon land directed to be purchased with personal estate, Harrison v. Naylor, 2 Gox's Cases, 247. [Cave v. Care, 2 Vern. 508, is stated by Lord Harduricke to be overturned, and not to have determined the point there mentioned, and, Jackson v. Farrand, 2 Vern. 4......
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