Doe, on the Demise of Wells and Others, against Scott and another
| Jurisdiction | England & Wales |
| Judgment Date | 28 November 1814 |
| Date | 28 November 1814 |
| Court | Court of the King's Bench |
English Reports Citation: 105 E.R. 624
IN THE COURT OF KING'S BENCH.
Explained and applied, Mackinnon, v. Sewell, 1833, 2 My. & K. 216. Discussed, Warren, v. Newton, 1844, Dr. 473. Referred to, Greated v. Greated, 1859, 26 Beav. 628. In re Mason, [1901] 1 Ch. 634; [1903] A. C. 1.
[300] DOE, ON THE DEMISE OF WELLS AND OTHEKS, against SCOTT AND ANOTHER. Monday, Nov. 28th, 1814. Devise of all my lands at H. to J. M., my cousin and heir at law, his heirs and assigns for ever, provided that he or his heirs do, within six months after my decease, assure to B. M. and to his children the copyhold premises at E., and in default thereof to E. M. for life, and from and after his decease to his children living at the time of his decease, their heirs and assigns for ever, as tenants in common; J. M. and E. M. died unmarried before the devisor: Held that this was not a lapsed devise of the whole interest, so as to belong to the heir at law of the devisor, but by reason of the contingent interest which remained undisposed of, if J. M. should not assure, and E. M. should die without children, the residuary dtfvisees, to whom was devised all the rest of the devisor's lands, &c. wheresoever situate, &c. were entitled. [Explained and applied, Mackinnon v. Sewell, 1833, 2 My. & K. 216. Discussed, Warren v. Newton, 1844, Dr. 473. Eeferred to, Greated v. Greated, 1859, 26 Beav. 628. In re Mason, [1901] 1 Ch. 634 ; [1903] A. C. 1.] Ejectment for lands in the parish of Harborne, in the county of Stafford. At the trial before Graham B. at the last Lent Assizes a verdict was found for the plaintiff, subject to the opinion of the Court on the following case : Ann Scott, being seised in fee of the premises in question, by-her will dated the 9th of August 1796, devised "All my messuages, farms, lands, and hereditaments, freehold and copyhold, with their appurtenances, situate in Harborne and Smethwiek, in the parish of Harborne, unto John Milward, my cousin and heir at law, on the part of my father, to hold to the said J. Milward, his heirs and assigns for ever, provided that the said J. Milward, or his heirs, do within six months after my decease, in due (a) 7 T. E. 239. (V) 1 N. E. 123. 3M. ft 8..301. . DOB V. SCOXT 625 course of law assure and confirm unto his brother Richard Milward, and to his children lawfully begotten, or to be begotten, the copyhold premises situate in Rowley Regis, &e. and hereinafter devised by me to the said R. Milward and his children, and in default of such assurance and confirmation as aforesaid, I hereby give and devise all my said messuages, farms, lands, and hereditaments, freehold and copyhold, with their appurtenances, situate in Harborne or Smethwick aforesaid, unto my said cousin R. Milward for the term of his natural life, and from and after his decease I give and devise the same unto his children living at the time [301] of his decease, and to their heirs and assigns for ever, to take, if more than one, share and share alike, as tenants in common." The testatrix also devised the copyhold premises, mentioned in the proviso, to R. Milward for his life, with...
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