Daire v Beversham
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1661 |
| Date | 01 January 1661 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 793
COURT OF CHANCERY
START daire versus beversham. Mich. 13 Car. 2. [1661]. Henry Daire agreed for the Purchase of Copyhold Lands, which were surrender'd out of Court to his Use; but he died before Admittance, having other Copyhold Lands, and also having made his Will after the said Agreement, and thereby devised to the ò CLERKB V. LORD ANGLESEY NELSON, 77. Plaintiff and his Heirs all his Copyhold Lands, he being at that Time his Heir at Law : but his Wife being with Child, was afterwards delivered of a Daughter, now the Wife of the Defendant Beversham. The Plaintiff taking it for Law, That the Copyhold Land for which Henry Daire had contracted, and to which he never was admitted, did not pass by his Will; he suffered the Daughter to be admitted, and she held the same for 20 Years, and the Plaintiff paid Rent [77] for that Time, and agreed so to do as long as he should hold the Lands. Afterwards Differences arising between him and her, the Plaintiff exhibited his Bill to have these Copyhold Lands decreed to him; and upon hearing the Cause, it was declared by the Court, That it was clear the Copyhold Lands for which the Testator had agreed, and which were surrendered to him out of Court, did pass by his Will, tho' he died before...
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Colin Wayne Hinds and Susan Joan Hinds v Horst Uellendahl, Froukje Uellendahl and Amphora Pty. Ltd [FLR]
... ... It is clear from that authority, and indeed from consistent case-law over the last 350 years since Daire v Beversham (1661) Nels 76 ; 21 ER 793 , including Legione v Hateley 152 CLR 406 (1982–83) 152 CLR 406 at 423, 429, 445– 9 and 456 –8, ... ...
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Wainewright v Elwell
...the cases he cites do not warrant him in saying, generally, it may be devised; for Davis v. Beversham (2 Freem. 157 ; S. C. 9, and also in Nels. 76, and 3 Ch. Rep. 4), there cited, was the case of a purchaser, who, dying before admittance, might clearly devise his equitable interest, becaus......