Cole v Fitzgerald
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1827 |
| Date | 05 May 1827 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 588
HIGH COURT OF CHANCERY
Cf. Lord Brooke v. Earl of Warwick, 1848, 2 De G. & S. 435. See In re Bourne, 1888, 58 L. T. 538; In re Miller, 1889, 61 L. T. 367.
[301] cole v. fitzgeeald. May 5, 1827. [Cf. Lord Brooke v. Earl of Warwick, 1848, 2 De G. & S. 435. See In re Bourne, 1888, 58 L. T. 538 ; In re Miller, 1889, Gl L. T. 3fi7.] 1 Sim. & Stu. 189. [1 L, J. Oh. (0. S.) 91].-A bequest of household furniture and other household effects in a dwelling-house and premises, comprises all property placed there, either for ornament, or for use or consumption in it. John Fitzgerald devised to Elizabeth Cole his dwelling-house, garden, and premises at Ramsey for her life, and bequeathed to her absolutely all " the household furniture, and other household effects, of and belonging to him, in the said dwelling-house and premises at the time of his decease." The following articles, among others, were found in the dwelling-house, or in the premises, at the testator's death : four fowling-pieces, a pair of pistols, lathes and apparatus for turning, with a quantity of ivory, mahogany, &c., a patent sawing machine, a vice and anvil, a great number of tools, a copying-machine, several paintings in frames, about a hundred volumes of such books as are in ordinary 3 BUSS. 302. HOPKINS V. TOWLE 589 circulation, an organ, a parrot and cage, a grey pony, a cow, a hay-stack, and a considerable stock of wines and liquors. By an order of the Vice-Chancellor, bearing date the 24th of January 1823, it was declared, that the pony, cow, fowling-pieces, and parrot and cage,(l) formed part of the general personal estate of the said testator, and that the several other articles were the property of Elizabeth Cole. [302] A petition of appeal was presented against so much of this order as gave Mrs. Cole the books, wines, and liquors, two mahogany turning lathes, with drawers and apparatus, a patent sawing machine and apparatus, two grindstones on stands, with apparatus, a work-bench, with three drawers, a vice and anvil, a mahogany chest of drawers for tools, a mahogany letter-copying machine, a large quantity of tools, and a stock of ivory, hardened mahogany, &c. Mr. Heald and Mr. Garratt, in support of the appeal. The effect of the Vice-Chancellor's order ia, to strike out of the will the term " household," by which the bequest is limited, and to give to the legatee of the household effects in the house and premises, all the...
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