Doe dem. Thomas Garrod against John Garrod
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1831 |
| Date | 01 January 1831 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 1076
IN THE COURT OF KING'S BENCH.
S. C. 9 L. J. K. B. O. S. 149.
1076 DOB V. GARROD * B. & AD."87. [87] doe dem. thomas garrod against john garrod. 1831. A testator being seised in fee of freehold land, and of copyhold according to the custom of the manor (the freehold and copyhold being intermixed), devised as follows :- " As to my worldly estate, I dispose thereof as follows : I give to my nephew T. G. all my lands, to have and to hold during his life, and to his son if he has one, if not, to the eldest son of my nephew T. G. and to his son after him, if he has one, if not to the regular male heir of the G. family." By codicil stating that his nephew T. G. then had a son born, he gave to that son, after his father's decease, all his freehold and copyhold lands; and to his eldest son, if he had one; but if he had no son, then to the next eldest regular male heir of the G. family. By the custom of the manor, copyhold lands, parcel thereof, of which any tenant died seised in fee, passed by descent to the youngest son: Held, that by the will and codicil the son of T. G. took an estate tail, and that, consequently, upon his death the copyhold lands descended to the youngest son. [S. C. 9 L. J. K. B. 0. S. 149.] Ejectment for certain premises at Stratford, in the county of Suffolk. At the trial at the Spring Assizes for the county of Suffolk, 1829, a verdict was found for the plaintiff, damages Is., subject to the opinion of the Court on the following case :- The premises in question are situate at Stratford, otherwise Stratford St. Andrew, in the county of Suffolk; part thereof is parcel of the manor of Stratford, and the residue parcel of the manor of Griston, both in the said county, and held of the lords of the two manors respectively, by copy of court roll according to the respective customs thereof. By the customs of each of the manors, lands, parcel thereof, are devisable by will, and further, by the customs of each, lands, parcel thereof, of which any tenant dies seised in fee, pass by descent to his youngest son, which youngest son is heir of such tenant according to the customs of the respective manors. No instance has been found upon the court rolls of either manor of the admission of an heir in tail male, but there is an instance in the manor of Stratford, of the admission of a youngest son as heir in tail general; and in the manor of Griston, of the descendant of a youngest son being vouched in a customary recovery as heir of an estate in tail general to bar such entail. [88] On the 9tb of January 1712, at courts then held for the said manors of Stratford and Griston respectively, John Garrod was duly admitted to the copyhold premises mentioned in the consent rule in this cause, to hold to him and his heirs according to the customs of the said manors; and he afterwards duly surrendered the said copyhold premises to the use of his will, which surrenders were at courts held for the said manors respectively, on the 8th of April 1729, duly presented and enrolled. On the 10th of December 1772, the said John Garrod, being seised as above mentioned, of the said copyhold premises, for the recovery of which this action was brought, and being also seised in fee-simple of certain freehold premises at Stratford lying intermixed with the said copyhold premises there, made and published his will, duly executed and attested, and therein devised as follows :-" As to my worldly estate, I dispose thereof as follows: Item, I give" to my nephew Thomas Garrod of Kendham, in the county of Suffolk, all my lands, houses, and tenements lying in the manors of Stratford, Carleton, and Kelsel" (comprising the premises in question), " to have and to hold during his natural life, and to his son, if he has one, if not, to the eldest son of my nephew James Garrod, during his...
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