Doe on the Demise of John Gillard against Richard Gillard
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1822 |
| Date | 01 January 1822 |
| Court | Court of the King's Bench |
English Reports Citation: 106 E.R. 1378
IN THE COURT OF KING'S BENCH.
Discussed, Mayor of Hamilton v. Hodson, 1847, 6 Moo. P. C. 86.
[785] doe on the demise of john gillard against richard gillard. 1822. A., at the time of making his will, was seised in fee of certain freehold and leasehold premises, and, amongst the rest, of a dwelling-house, which he inhabited, in the parish of D.; and six acres of land, situate in the parish of S., a mile distant from the village of B.; and seventy acres of leasehold land, in and near the village of B.; and fifty-eight acres of freehold land, and some leasehold land in the parish of W. A., at the time of making his will, resided in the dwelling house, and had in his own occupation all the land in the parish of W., the freehold lands in the parish of S., and leaseholds lands near the village of B.; but the freehold lands in the parish of D. were in the occupation of tenants. Before the making of the will, A. had contracted to sell all the lands in the parish of S., and the leaseholds near the village of B. The amount of A.'s debts at the time of his death exceeded his personal property. A., shortly before his death, made a will as follows : " I direct my debts, legacies, and funeral expenses, to be paid ; with the due payment whereof I charge my real estates. I give to my nephew, T. G., 7001., to be paid by my executor; and to my nephew, J. G., (the heir at law) 201., to be paid by my executor; and, lastly, I constitute E. G. my sole executor of all my lands for ever, and all my leasehold property here or at B., or money that shall become due for the same, paying certain annuities thereout by half-yearly payments:" Held, that by this will the executors took a fee in the freehold lands in the parish of W. [Discussed, Mayor of Hamilton v. Hodson, 1847, 6 Moo. P. C. 86.] Ejectment for freehold lands, situate in the parish of West Alvington, in the county of Devon. At the trial, before Graham B., at the Devon Summer Assizes, 1821, a verdict was found for the defendant, subject to the opinion of the Court on the following case: John Gillard, the lessor of the plaintiff, was the heir at law of Eiehard Gillard, his uncle, deceased, who, at the time of making his last will, and at the time of his death, was seised in fee-simple of several freehold and leasehold tenements; that is to say, of a certain freehold tenement, consisting of a dwelling-house and garden, with the appurtenances, called Greenhill; two other distinct freehold tenements, the one consisting of three cottages and gardens, with the appurtenances and the other of four cottages and...
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