Day v Daveron
| Jurisdiction | England & Wales |
| Judgment Date | 09 June 1841 |
| Date | 09 June 1841 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 1108
HIGH COURT OF CHANCERY
S. C. 10 L. J. Ch. 349.
Will. Construction. Fee - simple.
[200] day v. daveron. June 9, 1841. [S. C. 10 L. J. Ch. 349.] Will. Construction. Fee-simple. Testator gave a freehold house to his wife for her sole use and benefit, and another freehold house to her for her life; and he also gave to her all his household goods, plate, &c.; but, if she married again, the whole of the above property was to become the property of his daughter'; and, in case his wife should remain unmarried, then he gave the second-mentioned house to his daughter, for her life, and to her children after his wife's death : " I also appoint my wife, provided she remains unmarried, sole executrix and residuary legatee to all other property I may possess at my decease." Held, that the fee-simple in the first-mentioned house passed to the wife. Philip Caley made bis will, dated the 24th of January 1821, in the following words :-" I give, devise and bequeath unto my wife, Sarah Caley, all that freehold dwelling, situate in the East India Dock Road, in the county of Middlesex, now in the occupation of Simon Kingsell, with all the garden ground and other appur-tonances thereunto belonging, and also all that cottage and stable situate at the back part of the last-mentioned dwelling-house, being also freehold, for her sole use and benefit after my decease : I also give and devise, unto my said wife, Sarah Caley, for the term of her natural life, all the rents and benefits arising from a dwelling-house in the said East India Dock Eoad, let on lease to James Walker, Esq., of Finsbury Square, in the county of Middlesex: I also give and devise, unto my said wife, Sarah Caley, all my household goods, plate, linen, books and wearing apparel: nevertheless, if my said wife, Sarah Caley, shall marry after my decease, then this will and testament shall be void and of no effect; but the whole of the above property shall become the property of my daughter, Ann Caley, during her natural life, and, after that, to bo divided between her children, if there should be any living; but in case my said wife, Sarah, remains unmarried, I then give and bequeath unto my daughter, Ann Caley, the rents and benefit of the house now let on lease to James Walker, Esq., after the decease of my wife, for her, Ann Caley's, natural life, and to her children, if she should have any living, [201] and if not any living, then, in that case, I give...
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