Courthope v Heyman

JurisdictionEngland & Wales
Judgment Date01 January 1823
Date01 January 1823
CourtCourt of Common Pleas

English Reports Citation: 124 E.R. 803

COURT OF COMMON PLEAS

Courthope
and
Heyman

OABraB,. COURTHOPE V. HERMAN 803 [26] terming trinitatis, 17 car. 2, in communi banco. courthope versus heyman. Eesol. Cur. Henry K. seised of the lands in question in fee, makes his will, and constitutes Matthew Robinson his executor. He deviseth that for and towards the maintenance of bis respective children, that the said Matthew the executor should receive and take the issue* and profits of the lands till his said children did attain to their respective agea. He deviseth the residue of his lands to his son John when he should come to the age of one and twenty. H. the father died before John came to age. Matthew Robinson proved the will and entred, and was posseat according to the intent of the will. Anno 1660, made his will and appointed three executors, whereof Margaret his wife was one; by which will he did devise that his said executors should dispose of the profits of the said lands according to the will of Henry, and by his said will gave his executors as full power as was given to him. After he died, and Margaret his wif took upon her the burthen of it alone, and she makes a lease to the defendant, who found the plaintiffs beasts upon the land damage-fesant, and impounds them ; plaintiff replies; defendant avows, and the plaintiff demurs. The point...

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