Doe, on the Demise of Joseph Tofield, against Esther Tofield, Widow
| Jurisdiction | England & Wales |
| Judgment Date | 15 May 1809 |
| Date | 15 May 1809 |
| Court | Court of the King's Bench |
English Reports Citation: 103 E.R. 999
IN THE COURT OF KING'S BENCH.
Referred to, Doe v. Earles, 1846, 15 M. & W. 454; Cosby v. Millington, 1869, 38 L. J. C. P. 376; Lines v. Lines, 1869, 22 L. T. 400.
11 EAST, 245- DOE V. TOFIELD 999 disposed to think that the case [245] was within the statute. And such appeared to be the opinion of the other Judges. And now, when the cause was called on in the paper of new trials, Scarlett moved to discharge the rule, understanding that it was abandoned: and Garrow said that he believed the parties had submitted to the intimation given by the Court of their opinion on his moving for the rule. Per Curiatn. Rule discharged. [246] doe, on the demise of joseph ToFiELD, against esthek tofield, Widow. Monday, May 15th, 1809. Real property may pass under the- description of "" personal estates " in a will; it being manifest from the whole of the instrument, as by terms of direct reference to that description in ulterior dispositions of the same real property, that such was the devisor's intention. A surrender out of Court to the use of bis will made by the surrenderee of a copyhold before his admittance is absolutely void and of "no effect, and cannot be made good by his subsequent admittance. [Referred to, Doe v. Earles, 1846, 15 M. & W. 454 ; Cosby v. MilUngton, 1869, 38 L. J. C. P. 376; Lines v. Lines, 1869, 22 L. T. 400.] This ejectment was brought by Joseph the brother and heir at law of William Tofield deceased, against Esther his widow and executrix, to recover the possession of certain premises at Stewkley in the county of Bucks, and of certain freehold and copyhold lands in the common fields of Stewkley parish. At the trial a verdict was found for the plaintiff, subject to the opinion of this Court on the following case. William Tofield in 1793 purchased of R. Goldthorpe certain freehold, leasehold, and copyhold lands in Stewkley. The freehold and leasehold were duly conveyed to him; and on the 10th of October in the same year, the copyhold lands, being copyhold of inheritance, and held of the manor of Stewkley, were surrendered out of court, according to the custom of the manor, by R. Goldthorpe and Elizabeth his wife into the hands of the lady of the manor by the bands of the deputy steward to the use of Wm. Tofield in fee : and on-the 14th of November 1793 they were again surrendered out of court by Wm. Tofield, by the hands of two other customary tenants of the manor, according to the custom thereof, to the use of his last will. Both these surrenders were presented at a manor court holden on the 17th of June 1195; and at the same court Wm. Tofield was admitted to the premises upon the surrender made by Goldthorpe and his wife in October 1793 ; there not having been any court previous to this time since the 15th of June 1791. William Tofield in 1801 purchased of W. Griffin other freehold lands in Stewkley, which were [247] duly conveyed to him. In April 1804, W. Tofield died without issue, being at the time of his death and of the making of his will hereinafter mentioned possessed of the said leasehold premises, and seised of the said freehold and copyhold lands purchased of Goldthorpe and Griffin, and also seised in fee of certain other tenements specified in his will, namely, of two tenements in the occupation of H. Chandler and J. Coles, and the .house wherein he himself dwelt, with the closes adjoining. On the 2d of January 1804 he made his will duly executed and attested, wherein, after giving pecuniary legacies to his brothers Joseph, Benjamin, and John, and to his sisters Mary and Elizabeth, he proceeds thus: I give and devise unto my father and mother William and Ann Tofield two tenements now occupied by H. Chandler and J. Coles, with the yard, &c. for and during the term of both or either of their natural lives; and from and after their decease I give and devise the said premises to my executrix herein also named. I also give and bequeath under the trustees of the Methodist Chapel in Stewkley 301. &c. I give unto my wife Esther Tofield all my stock of cattle, corn, hays, and grain, sheepj hogs, and cattle of all kinds, household goods and furniture, ready money, and securities of money/rights, credits, and personal estates whatsoever and wheresoever, subject nevertheless to * l " " J~"""'~'-"~r ""ò"' pirating...
To continue reading
Request your trial
-
Smith v Adams
...25 b.); Gale v. Gale (2 Cox, 136); Dae d. Shewen v. IVroot (5 East, 132); Due d. fernon v. Vernon (7 East, 8); Doe d. Tofield v. Tojiehl (11 East, 246) ; Glass v. RirJiardson (2 De G. Macn. & G. 658); flack v. The Master and Fellows of Dawning College (22 L. J. (G. P.) 229); 1 Watk. on Copy......
-
Lady Langdale v Briggs
...leaseholds as leaseholds; Butler and Baker's case (3 Eep. 36 b.); and there is no relation back so as to affect the case; Doe v. Tqfield (11 East, 246); Bishop of Heath v. Marquis of Winchester (4 Cl. & Firi. 445); Mead v. Lord Orrery (3 Atk. 236); Collins v. Doyle (1 Russ. 135). The testat......
-
Davenport v Coltman
...(3 Mod. 228); Tanner v. Morse (Ca. temp. Talb. 284); Monk v. Mawdsley (ante, vol. i. 286); Murry v. Wyse (2 Vern. 564); Doe v. Tofield (11 East, 246); Wike v. mice (7 Bing. 664); Noel v. Hoy (5 Madd. 38); Barnes v. Patch (8 Ves. 604); Thomas v. Phtlpt (4 Russ. 348). Mr. Koe, for Francis Geo......
- James Montague Bent Vermont, deceased, Re the Estate of