Den, Lessee of Elizabeth Franklin, against Trout
| Jurisdiction | England & Wales |
| Judgment Date | 24 April 1812 |
| Date | 24 April 1812 |
| Court | Court of the King's Bench |
English Reports Citation: 104 E.R. 893
IN THE COURT OF KING'S BENCH
[394] den, Lessee of Elizabeth Franklin, against trout. Friday, April 24th,. 1812. Under a devise of E. F. of "all my estate and effects whatsoever and wheresoever," in trust, to pay funeral expenses and debts ; and then " subjecting my said effects bequeathed to E. F. to the following legacies," enumerating amongst these a gift to W. S. of "the house his father now dwells in at, the decease of his said father; and giving to the father an annuity,_and ta the son a sum of money, and giving other pecuniary legacies; and then, after 894 DEN V. TROUT 15 EAST, 395. desiring all the above legacies to be " paid out of my effects by the said E. F.," giving " all the rest and remainder of my said effects to the said E. F., her heirs and assigns for ever :" Held that E. F. took the remainder in fee in the house (which was the only real property possessed by the testatrix) after an estate for life by implication in the father, and a remainder for life only to the son ; though the personal estate was sufficient to pay all the personal charges. On the trial of this ejectment, before Le Blanc, J., at York, a verdict was taken for the plaintiff, subject to the opinion of the Court on the following case. Rebecca Stott, being seised in fee of a house in Walmgate, in the City of York, to recover possession of which this action was brought, by her will, dated 23d of March 1773, duly executed and attested, devised as follows : " I give, devise, and bequeath unto Elizabeth Franklin all my estate and effects whatsoever and wheresoever, which I shall be possessed of or entitled to at the time of my decease, and all such sums of money which may then be due or hereafter to become due from any person, upon bond or any other security whatsoever, and all interest then due or to grow due for the same: upon trust that she shall, in the first place, pay and discharge my funeral expenses, and all my just debts. And I also subject my said effects which are bequeathed to the E. Franklin, to the following legacies; that is to say, I give and bequeath unto my brother Nicholas Stott, and to his daughter Rebecca, 101. to be divided equally between them yearly, during their joint natural lives, and to the survivor for life. I give to Richard Stott, my nephew, eldest son of the above-named N. Stott, 11. Is. I give to my nephew Wm. Stott, another son of the said N. Stott, the house his father [395] now dwells in, situate in Walmgate, in the City of York, at...
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