Doe D. Muller and Others v Claridge
| Jurisdiction | England & Wales |
| Judgment Date | 05 December 1848 |
| Date | 05 December 1848 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 1399
IN THE COURT OF COMMON PLEAS, AND IN THE EXCHEQUER CHAMBER.
[641] cases argued and determined in the court of common pleas, and in the exchequer chamber, in michaelmas vacation in the twelfth year of the reign of victoria. The judges who sat in banco during these sittings, were-Coltman J., Maule, J., Cress well, J., V. Williams, J. DOE D. MULLER AND OTHERS 1). CLARIDGE. Dec. 5, 1848. By a will made before 1837, A. directed E. and F. to pay and discharge all his debts and funeral expenses, and subject thereto, he devised a freehold messuage to E. and F., in trust to permit and suffer B., his widow, to reside therein for life, free (a) See the cases upon this subject carefully collected down to the latest period, in Mr. Broom's (forthcoming) Practice, p. 165, et. seq. 1400 DOE V. CLAEIDGE 6 C. B. 642. and clear of rent and taxes; and, after her decease, he devised the same messuage to E. and F., and the survivor of them, his executors and administrators, in trust to permit and suffer his daughter C. to receive and take the rent thereof for her life, free from the 'control of her husband; and, after his daughter's decease, he devised the same messuage to E. and F., their executors and administrators, upon trust to pay and apply the rent thereof for the use and benefit of his grandson D., in the event of his not having attained the age of twenty-one at the time of the decease of the testator's wife and daughter, and upon D.'s attaining twenty-one, the testator devised the same messuage to him for life. Then, after certain contingent devises which never took effect, and after giving certain legacies, the testator gave, devised, and bequeathed all the rest, residue and remainder of his estate and effects unto and between his said wife and daughter, share and share alike,-"the share of his said daughter also independent of the debts, control, or engagements of her present or any future husband, in manner aforesaid;" and he named the said E. and F. executors and trustees of his said will:-C. having survived B. and D., leaving daughters only,-it was held, that the legal estate in a moiety of the remainder in fee vested in those daughters, as co-heirs of C., and not in E. and F., the executors and trustees. This was an action of ejectment brought by the lessors of the plaintiff, to recover a moiety of certain premises at Finchley, to which they claimed to be [642] entitled as co-heirs of their mother,- Anne Miiller, the devisee named in the will of Edward Claridge, deceased. The cause was tried before Cresswell, J., at the sittings at Westminster after Michaelmas term, 1846. The will of Edward Claridge, bearing date the 30th of June, 1830, was as follows :- " I, Edward Claridge, of Finchley, in the county of Middlesex, gentleman, being of sound and disposing mind, memory, and understanding, 'praised be Almighty G-od ! and considering the certainty of death, and the great uncertainty of the time thereof, do make this my last will and testament, in manner following; that is to say,-first, I direct my executors and trustees hereinafter named, to pay and discharge all my just debts, funeral and testamentary expenses; and, subject thereto, I give, devise, and bequeath all that my freehold messuage, tenement, or dwelling-house erected by me, in which I now reside, and called or known as Mount Pleasant, together with the yard, garden, out-buildings, and appurtenances to the same messuage or tenement belonging or appertaining, unto my said executors and trustees, in trust to permit and suffer my wife Jane Claridge to live and reside therein for and during the [643] time of her natural life, free and clear of and from any rent or taxes whatsoever: I also give and bequeath unto my said wife all such fixtures, furniture, books, plate, linen, china, wines, and liquors, as may be in the house in which I shall reside at the time of my decease, and belonging to me, to and for her own sole use and benefit: And, from and after the decease of my said wife, I give, devise, and bequeath the said freehold messuage or tenement and dwelling-house, so called Mount Pleasant as aforesaid, unto my said executors and trustees, and the survivor of them, his executors and administrators, in trust to permit and suffer my daughter Ann, the wife of Christopher Gotlieb Miiller, of Highgate, in the said county of Middlesex, pork butcher, to receive and take the rent of the said messuage or tenement, dwelling-house, and appurtenances, for and during the term of her natural life, free and independent of the debts, control, or engagements in any way or manner of the said C. G-. Miiller, her present husband, or any future husband with whom she, my said daughter, Ann Miiller, may hereafter intermarry : And, from and after the decease of my said daughter, I do hereby give, devise, and bequeath the said messuage, tenement, or dwelling-house, and appurtenances, to my said executors and trustees, their executors and administrators, Upon trust that they, my said executors, or their executors and administrators, do and shall pay and apply the rent of the said messuage or tenement, dwelling-house, and appurtenances, to and for the use and benefit of my grandson Israel Miiller, the eldest son of my said daughter, the said Ann Miiller, in the event of his not having attained the age of twenty-one years at the time of the decease of my said wife and the said Ann Miiller, his mother; and, from and immediately after he the said Israel Miiller shall have attained such age of twenty-one years, then I hereby give, devise, [644] and bequeath the said messuage, tenement, or dwelling-house, and appurtenances, 6 C. B. 645. DOE' V. GLAEIDGE 1401 unto the said Israel Miiller, for and during the term of his natural life; and I do direct my executors and trustees, or the survivor of them, to surrender and give up unto him peaceable and quiet possession thereof, upon his attaining such age, and do also pay over to him the said Israel Miiller such surplus moneys as shall be remaining in the hands of my said executors, for or on account of the rents which they shall or may have received subsequent to the decease of my said wife and my said daughter, and antecedent to my grandson, the said Israel Miiller, attaining his said age of twenty-one years, for the said messuage, tenement, or dwelling-house, and appurtenances, after deducting such costs, charges, and expenses as either of them shall or may have sustained, expended, or been put unto, in any respect, for and on account of the said Israel Miiller : And, in case the said Israel Miiller shall not live to attain the age of twenty-one years, then I give, devise, and bequeath the said messuage, tenement, or dwelling-house, and appurtenances to the same belonging, unto my said executors and trustees, their executors and administrators, upon the like trust for my grandson Edward Claridge Hyde, the eldest son of my deceased daughter, Sarah Hyde, in the event of his attaining the age of twenty-one years, for and during the term of his natural life : But, if the said Edward Claridge Hyde shall not live to attain that age, I give, devise, and .bequeath the said messuage, tenement, or dwelling-house, and appurtenances, unto my nephew Edward Claridge, the second son of my brother George Claridge, of Warwick Lane, Newgate Street, in the city of London, gold-beater (one of my executors-hereinafter named), for and during the natural life of my said nephew, the said Edward Claridge, in the event of his attaining the age of twenty-one years; and, should my said nephew de-[645]-part this life before he shall attain that age, then, and in that case, I give, devise, and bequeath the said messuage, tenement, or dwelling-house, together with the yard, garden, out-buildings, and appurtenances to the same belonging, unto my nephew Edward Claridge, son of my deceased brother John Claridge, and the heirs and assigns of my said nephew, the last-named Edward Claridge. I also give, devise, and bequeath all that my freehold messuage, tenement, or dwelling-house nearly adjoining the George public-house, situate and being in the Hog-Market, Pinchley aforesaid, and which said messuage or tenement I some time since purchased of Mr. Gutteridge, and now in the...
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