Doe D. Cannon and Another v Charles Rucastle and William Irving
| Jurisdiction | England & Wales |
| Judgment Date | 08 December 1849 |
| Date | 08 December 1849 |
| Court | Court of Common Pleas |
English Reports Citation: 137 E.R. 753
IN THE COURT OF COMMON PLEAS
S. C. 19 L. J. C. P. 100. Referred to, Warren v. Travers, 1868, L. R. 2 Eq. 462; In re Dixon's Trusts, 1869, I. R. 4 Eq. 8.
[876] doe d. cannon and another v. charles rucastle and william irving. Dec. 8, 1849. [S. C. 19 L. J. C. P. 100. Referred to, Warren v. Travers, 1868, I. R. 2 Eq. 462; In re Dixoris Trusts, 1869, I. R. 4 Eq. 8.] Testator devised as follows :-" I give and devise to my son Stephen, a small field at, &c., to hold to my said son Stephen for and during the term of his natural life: and, from and after his death, then I give and devise the same to the issue of his body lawfully begotten, if more than one, equally amongst them; and, in case he shall not leave any issue of his body, lawfully begotten, at the time of his death, -then I give and devise the same to my heir or heirs-at-law :"-Held, that Stephen, the son, took an estate-tail. Ejectment for messuages, land, &c., in the parish of Penrith, in the county of Cumberland. The cause was tried at the Spring assizes for the county of Cumberland in 1848, when a special verdict was returned, which stated, in substance, as follows :- At the time of the making of the last will and testament of Stephen Cannon the elder, and from thence until the time of his death, he was seised in his demesne as of fee, of and in a field, dwelling-house, barn, and granary, situate in the parish of Penrith, in the county of Cumberland. Stephen Cannon the elder made and published his last will and testament in writing, on the 13th of November, 1796, whereby he devised as follows :- " I give and devise to my son Stephen a small field at Freeridge Head, and all that dwelling-house, barn, and granary on the East side of Fryar Gate, to hold to my said son Stephen Cannon, for and during the term of his natural life; and, from and after his death, then I give and devise the same to the issue of his body lawfully begotten, if more than one, equally amongst them; and, in case he shall not leave any issue of his body, lawfully begotten, at the time of his death, then I give and devise the same to my heir or heirs-at-law." The said Stephen Cannon the elder died on the 18th of April, 1797, so seised of the said field, dwelling-house, barn, and granary as aforesaid, without altering or in any way revoking his said will, leaving the said [877] Stephen, the devisee, his only son and heir-at-law, him surviving. Stephen, the son, entered into the premises so devised to him as aforesaid; and, by an indenture of feoffment, bearing date the 31st of January, 1798, in consideration of 851. then paid to him, with livery of seisin then duly made, enfeoffed William Drewry Rimington of the said field at Freeridge Head, being part of the premises so devised by Stephen Cannon the elder, as aforesaid,-to hold to the said William Drewry Rimington, his heirs and assigns, unto and to the use of the said William Drewry Rimington, his heirs and assigns, for ever; by virtue of which feoffment, the said William Drewry Rimington then entered into and became seised of the said field, according to the form of the said feoffment. [The title to the field was then traced (a)2 to Charles Rucastle, one of the defendants.] After Stephen the son had entered into the dwelling-house, barn, and granary so devised to him, he, by an indenture of feoffment, bearing date the 31st of January, 1798, with livery of seisin then duly made, enfeoffed Joseph Fawcett of the said dwelling-house, barn, and granary, to hold to him the said Joseph Fawcett, his heirs (a)1 When the pleadings were ore tenus, the objections were taken and argued before the demurrer was entered: it was only upon refusal of the party to amend after argument, that his adversary demurred, and prayed the judgment of the court. See the Year-books, passim. (a,)2 Quaere, for what purpose 1 754 DOE V, BTJCASTLE 8 C. B. 878. and assigns, unto and to the use of him the said Joseph Fawcett, his heirs and assigns, for ever ; by virtue of which last-mentioned feoffment, the said Joseph Fawcett then entered into and became seised of the said dwelling-house, barn, and granary, according to the form and effect of the said feoffment. [The title to the dwelling-house, barn, and granary was then traced (a) to the defendant...
To continue reading
Request your trial
-
Kavanagh v Morland
...interest. Then, the words importing a tenancy in common are important in favour of my construction, notwithstanding Doe v..Bucastle (8 C. B. 876). [THE ViCE-CHANCELLOR. That seems to be a strong decision, although no doubt of considerable authority.] As to general and particular intention, ......
-
Rotheram v Rotheram
...DIVISION ROTHERAM and ROTHERAM Roddy v. Fitzgerald 6 H. L. Cas. 823. Jesson v. Wright 2 Bligh, I. Doe v. RucastleENR 8 C.B.876. Crozier v. Crozier 3 Dr. & War. 353. Blackhall v. GibsonUNK 2 L. R. Ir. 49. Yarrow v. Knightly 8 Ch. Div. 736. Madan v. Taylor 45 L. J. Ch. (N.S.) 569. Re Pollard'......
-
Sandes v Cooke
...Deun d. Webb v. PuckeyENR 5 T. R. 299. Frank v. StovinENR 3 East, 548. Hugo v. WilliamsELR L. R. 14 Eq. 224. Doe d. Cannon v. RucastleENR 8 C. B. 876. Jesson v. WrightENR 2 Bligh 1. Roddy v. Fitzgerald 6 H. L. Cas. 823. King v. Burchell Ambl. 379. Wright v. PearsonENR 1 Eden, 119. Marshall ......
-
Crumpe v Crumpe and Others
...Ir. C. L. R. 692; L. R. 3 H. L. 121. Coltsmann v. ColtsmannELR L. R. 3 H. L. 121. Darley v. MartinENR 13 C. B. 683,691. Doe v. RucastleUNK 8C. B.876. Eden v. Wilson 4 H. L. Cas. 257. Foxwell v. Van GruttenELR [1897] A. C. 658. M'Clean v. SimpsonUNK 19 L. R. Ir. 528. M'Enally v. WetherallUNK......