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 have a maintenance.(l) Charles died under age, and the four thousand pounds being to be raised out of trust-estate the question was, whether the four thousand pounds should be raised and paid to his representative, or merge in the land for the benefit of the defendant, the heir.(2) Decreed it should be raised, it being an interest vested in Charles; for although it was not payable until his age of twenty-five, yet it was to carry interest immediately. And a question arising whether some pictures and glasses belonged to the heir or to the executor : the Lord Keeper was of opinion, that although pictures and glasses generally speaking, are part of the personal estate; yet if put up instead of wainscot, or where otherwise wainscot would have been put, they shall go to the heir. The house ought not to come to the heir maimed and disfigured. Herlackenden's case [1589, 4 Rep. 62 a, 64 a], wainscot put up with screws, shall remain with the freehold.(S) (1) Not diminishing the 4000.-And if his son Charles should die before his said portion became due, his the said testator's will was, that the said 4000 should be equally distributed amongst the rest of the testator's younger children by both marriages as therein mentioned, R. L. (2) The defendant the heir admitted that the 4000 ought...

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11 cases
  • Heir and Ancestor
    • United Kingdom
    • High Court of Chancery
    • 1 Enero 1744
    ...been put, shall go to the Heir, for the House ought not to come to the Heir maimed or disfigured. Trin. 1705, Cave Domina and Cave Bart, 2 Vern. 508. (Vide the Case of Seek and Rebow, 1 P. Wms. 94; 4 Co. 64, a.) (H) what shall be assets by descent in the hands of the heir. What shall be Ass......
  • Elwes against Maw
    • United Kingdom
    • Court of the King's Bench
    • 13 Noviembre 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 obse......
  • Lord Dudley against Lord Warde
    • United Kingdom
    • High Court of Chancery
    • 24 Octubre 1751
    ...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 to the exe......
  • 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 Abril 1738
    ...; 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. 424, ......
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