Clerk v Clerk & Dominam Turner
| Jurisdiction | England & Wales |
| Judgment Date | 29 November 1694 |
| Date | 29 November 1694 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 809
HIGH COURT OF CHANCERY
Case 312.-clerk versus clerk & dominam turner. Nov. 29 [1694]. [l]Eq. Ca. Ab. 291, pi. 5,S. C. Devise to two, equally to be divided, and to the survivor of them, they are joint-tenants. Sir Philip Warwick, conveys his house of Frognall, and four farms to trustees upon trust, that his sisters, the Lady Turner and Arabella Clerk, might cohabit in the capital house, and equally divide the rents and profits of the four farms betwixt them, and the whole to the survivor of them. Arabella Clerk, in her life time makes a lease of her moiety to her daughter for flighty years, to commence upon her decease, if the Lady Turner should so long live, and soon after dies. First, it was resolved, that this was a joint-estate, and not a tenancy in common; for although the words (equally to be divided betwixt them) sometimes in a will may make a tenancy in common only by way of construction, and that it was the intent of the testator that there should be a division or partition ; yet if afterwards in the will it is declared, as in this case, it should go to the survivor, that would oust...
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Anonymous (1793) 3 Mod 209
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