Doe d. Richard Roberts v John Roberts and Others
| Jurisdiction | England & Wales |
| Judgment Date | 20 January 1841 |
| Date | 20 January 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 814
EXCH. OF PLEAS.
S. C. 10 L. J. Ex. 140.
doe d. richard roberts v. john roberts and others. Exch. of Pleas. Jan. 20, 1841.-A testator, after directing that all his debts and funeral expenses should be paid by his executors thereinafter named, devised to A. a particular farm, without words of limitation, and other farms to B., C., and D., respectively, in the same terms ; and appointed A. and B. joint executors and residuary legatees of his will:-Held, that A. took a life estate only in the farm devised to her. [S. C. 10 L. J. Ex. 140.] This was an action of ejectment, brought to recover the possession of a farm called Tyddynsion, in the parish of Abereirch, in the county of Carnarvon ; and issue having been joined, by the consent of the attorneys and parties on both sides, and by a Judge's Order, the following case was stated for the opinion of this Court:- [383] Robert Roberts, the testator hereinafter named, being seised in fee of the hereditaments and premises hereinbefore mentioned, on the 23rd day of September, 1805, duly made and published his last will and testament in writing, executed and attested so as to pass real estates, as follows :- "In the name of God, amen. I, Robert Roberts of &c., do make, publish, and declare this as and for my last will and testament, in manner following, that is to say : In the first place, I will and direct that all my just debts and funeral expenses be fully paid by my executors hereinafter named. [The will then bequeathed several pecuniary and specific legacies, and proceeded thus.] I give, devise, and bequeath to my son Morris Roberts, the farm commonly called and known by the name of New York, in the parish of Llangian, and also the sum of 30, and also four ounces (a) of the sloop or vessel called the ' Cambria,' whereof John Roberts is the captain. [ give, devise, and bequeath to my son Robert Roberts, the farm commonly called or known by the name of Tyn-y-ffynori, in the parish of Llangian, and also the sum of 30, and also four ounces of the said sloop or vessel called the ' Cambria.' I give, devise, and bequeath to my aon William Roberts, the farm commonly called and known by the name of Dynfre, in the parish of Aberdaron. I give, devise, and bequeath to my daughter Elizabeth Roberts, the farm commonly called and known by the name of Tyddynsion, ih the parish of Abereirch. [The will then contained further bequests of...
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