Doe dem. Sturges and James Batten against Tatchell
| Jurisdiction | England & Wales |
| Judgment Date | 29 May 1832 |
| Date | 29 May 1832 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 246
IN THE COURT OF KING'S BENCH
S. C. 1 L. J. K. B. 239.
[675] doe dem. stukges and james batten against tatchell. Tuesday, May 29th, 1832. Testator bequeathed a term in premises to S., his executors, &c. in trust to sell and dispose of the same, a|3 might seem most advantageous, and apply the proceeds to the maintenance of testator's son during his life. He bequeathed the remainder after the son's decease to such uses as the son should by will appoint, and he appointed S. bis executor. When the testator died, his journeyman was managing his business on tbe premises, as he had done for some years, and the testator's son also resided there. At the funeral, S. said, in presence of the journeyman and other persons, "The house is young B.'s" (meaning the son's). "T." (the journeyman) "must stay in the house and go on with the business, but young B. must have a biding place." T. accordingly continued on the premises, carrying on the business, paying no rent, but maintaining the testator's son, who was weak in intellect and unable to provide for himself. S. lived twenty years afterwards, and did not interfere further with the property : Held, that this was sufficient evidence of a disposal of the property by S. according to the trusts in the will, and that he had assented to take under the will as legatee in trust, and not as executor. [S. C. 1 L. J, K. B. 239.] Ejectment for a dwelling-house, &c. At the trial before Alderson J., at the Salisbury Summer Assizes 1831, the following facts appeared. The father of James Batten, one of the lessors of the plaintiff, was possessed of the premises in question for a term of ninety-nine years, if he and James Batten should so long live. By his will, dated 1791, he bequeathed the premises to Robert Sharp, his executors, &c. for the above term, together with all the testator's stock in trade and other personal estate, after payment of his debts, &c. upon trust to sell and dispose thereof as should seem most advantageous, and to apply the yearly interest, rent and other produce, (and the principal, if necessary,) to the support and maintenance of his son James Batten during his life; and he bequeathed the remainder of his said personal estate or of the produce thereof, after J. B.'s decease, to such uses and purposes as J. B. should, by his will, direct; and he appointed the said Robert Sharp his executor. On the death of Batten Senior...
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