Doe dem. Moreton and Wife against Fossick
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1830 |
| Date | 01 January 1830 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 757
IN THE COURT OF KING'S BENCH.
Referred to, Armstrong v. Armstrong, 1858, 9 Ir. Ch. R. 493; Jacob v. Jacob, 1898-1900, 78 L. T. 456, 825; 82 L. T. 270.
IB. & AD. 187. DOE. V. FOSSICK 757 doe dem. moketon and wife against fossick. 1830. Testatrix devised copyhold estates to her mother for life, then to F. and his wife for their lives, and afterwards to their children in fee. All the residue of her estates, of what kind soever, she bequeathed to her mother, her heirs, executors, &c. for ever; but she charged such residue of her estates, both real and personal, with an annuity of 201. to her grandmother for life : Held, that the reversion of the copyhold estates must pass by the residuary clause, unless a contrary intention could be collected from the will taken altogether; and that the charge of an annuity on the residue was not, under the circumstances, a sufficient proof of such intention. [Referred to, Armstrong v. Armstrong, 1858, 9 Ir. Ch. E. 493; Jacob v. Jacob, 1898-1900, 78 L. T, 456, 825; 82 L. T. 270.] Ejectment for copyhold lands and premises at South Mims. This cause was tried at the sittings for Middlesex after last Easter term, before Lord Tenterden C.J. The lessors of the plaintiff claimed in the right of Mary, the wife, as heir-at-law of Hannah Lofty the Younger; the defendant entitled himself under a devise by the same Hannah Lofty, on the construction of which this case turned. By her will, executed in February 1779, about a month before her death, the testatrix, after directing payment of her debts, funeral expences, and the charges of proving her will, gave and devised all her copyhold messuages and tenements, lands, hereditaments, and premises, with the appurtenances, situate in South Mims, to her mother Hannah Lofty, and her assigns, for her life; then to Edward Fage and Mehitable his wife, for their joint lives and that of the survivor ; then to the children or child of Mehitable living at the time of their [187] decease in fee. She devised certain other premises to one Thomas Hawkes in fee; and she then added the following bequest:-" And I do hereby give and devise and bequeath all the rest and residue of my estates of what nature or kind soever, and wheresoever, which I now am, or at the time of my deceasa I shall or may be in any wise possessed or entitled unto or interested in, unto my said honoured mother H. L., her heirs, executors, administrators...
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