Doe on the Demise of Isaac Winter against Perratt. Doeon The Several demises of Catherine Viney, Thomas Viney, and Thomas Green-Slade against Perratt. Goodtitle on The Several Demises of John Slade and John Staines Webb against Perratt
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1826 |
| Date | 01 January 1826 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 19
IN THE COURT OF KING'S BENCH.
S. C. 7 D. & R. 733; 4 L. J. K. B. O. S. 246. Affirmed in H. L. sub nom. Winter v. Perratt, Cl. & F. 606; 10 Bing. 198; 3 Moo. & S. 586; 6 Man. & G. 314. Applied, Power v. Quealy, 1878, 4 L. R. Ir. 25. Not applied, In re Chapman, 1883, 49 L. T. 674. Referred to, Rose v. Rose, [1897] 1 Ir. R. 41; Van Grutten v. Foxwell, [1897] A. C. 674.
[48] doe on the demise of isaac winter against perratt. doe on the SEVERAL DEMISES OF CATHERINE VlNEY, THOMAS VlNEY, AND THOMAS GREEN- slade against perratt. goodtitle on the several demises of john blade and john staines webb against perratt. 1826. Testator, after giving his T. estate to certain persons for life, devised it " to J. C., or his male heir, if any, free land, not to be mortgaged or sold ; and if no male heir lawfully begotten by the said J. C., then the above lands to fall to the first male heir of the branch of my uncle E. C.'s family, yielding and paying unto such of the daughters of the aforesaid E. C. which shall be then living, the sum of 1001. each, at the time of the taking possession of the aforesaid estate." At the time when the will was made E. C. was dead, having left five daughters, all married ; the eldest had several daughters, but no son; each of the others had sons; and all these persons were known to the testator. J. C. died without issue, and the fourth daughter of E. C. died (before any of her sisters, and during the continuance of the life estates given by the will), leaving a son : Held, that her son was entitled to the T. estate, as being the first male heir of the branch of E. C.'s family, per Holroyd and Littledale Js. Bayley J. dissentiente. [S. C. 7 D. & E. 733; 4 L. J. K. B. 0. S. 246. Affirmed in H. L. sub nom. Winter v. Perratt, 9 Cl. & F. 606; 10 Bing. 198; 3 Moo. & S. 586; 6 Man. & G. 314. Applied, Power v. Quealy, 1878, 4 L. E. Ir. 25. Not applied, In re Chapman, 1883, 49 L. T. 674. Eeferred to, Base v. Rose, [1897] 1 Ir. E. 41; Fan Grutten v. Foxwell, [1897] A. C. 674.] These three ejectments were brought by several persons to recover the same lands in the county of Somerset. In each a special verdict was found, in substance as follows: On the 16th day of March A.D. 1786, Emanuel Chilcott was seised in his demesne as of fee of certain tenements known by the name of the Truckwell estate, being the tenements in the within declaration mentioned; and being so seised thereof, afterwards, to wit, on the day and year aforesaid, duly made and published his last will and testament in writing, bearing date, &c. and signed by him the said Emanuel Chileott, and attested and subscribed in his presence by three credible witnesses, according to the form of the statute in such case made and provided; and thereby, amongst other things, [49] devised as follows: " I give unto John Chilcott, my kinsman, living in London, 1001., to be paid in one year after my decease; (several small legacies were then bequeathed); also I give unto Ann White, my sister-in-law, the sum of 201., and the income of Burge's cottage, and her living in it, if she thinks proper, during her natural life; also I give unto Eleanor White 1001., and half of Truekwell estate during her natural life; also I give unto William Burge, my servant man, 51. All the rest and residue of my goods, chattels, rights, credits, personal and testamentary estate, and also my lands, tenements, and hereditaments, I give, devise, and bequeath unto Elizabeth Chilcott, my dearly beloved wife, during her natural life, whom I make my whole and sole executrix. And I do allow her the said Elizabeth Chilcott, to give what she thinks proper of her said effects to her sisters Eleanor White and Ann White, during their natural lives. And after the above lives being expired, that is to say, Elizabeth Chilcott, Eleanor White, and Ann White, all the lands, rights, profits, and hereditaments of Truckwell estate to come to John Chilcott, my kinsman, living in London, or his male heir, if any, free land not to be sold nor mortgaged on any account whatsoever, but to remain .in the Chilcott's family for land of inheritance, with two cottages, garden, and orchard, in the parish of Brompton Ealph, adjoining to the aforesaid Truckwell estate, called by the name of Middle Witcombe, free land. And if no male heir lawfully begotten by the said John Chileott, then the &bove lands to fall to the first male heir of the branch of my uncle Eiehard Chilcott's family, who lived at Hancriek Farm, yielding and paying unto 20 DOE V. PERRATT 5 B. & C. 50. such of the daughters of [50] the aforesaid Kiehard Chilcott which shall be then living the sum of 1001. each at the time of the taking possession of the aforesaid estates." Emanuel Chilcott, on the 24th day of May A.D. 1787, died so seised of the said tenements, with the appurtenances, without revoking or altering his said will, and without issue, leaving the said Elizabeth Chilcott, his widow, and the said Ann White and Eleanor White him surviving; whereupon and whereby the said Eleanor White became and was seised of one moiety of the said tenements, called Truckwell estate, with the appurtenances, in her demesne as of freehold, for and during the term of her natural life; and the said Elizabeth Chilcott became and was seised of the other moiety of the said tenements, with the appurtenances, in her demesne as of freehold for and during the term of her natural life. Ann White died on the 9th day of April A.D. 1791, leaving the said Elizabeth Chilcott and Eleanor White her surviving; and on the 23d day of April 1792, Elizabeth Chilcott duly made and published her last will and testament in writing, bearing date the day and year last aforesaid, and signed by her the said Elizabeth Chilcott, and attested and subscribed in her presence by three credible witnesses, according to the form of the statute in such case made and provided ; and thereby, amongst other things devised, and in pursuance of all and every power and powers enabling her in that behalf, gave and devised all those the said tenements comprized in the said Emanuel Chilcott's will, over which she had any power of disposition, to her sister Eleanor White, and her assigns, for and during the term of her natural life. On the 25th day of December 1795, Elizabeth Chilcott died so [51] seised of the last mentioned moiety of the said tenements called Truckwell estate, with the appurtenances, without revoking or altering her said will; whereupon and whereby the said Eleanor White became and was seised of the entire of the said tenements, with the appurtenances, in her demesne as of freehold for and during the term of her natural life; and on the 14th day of July 1820, Eleanor White died so seised of the said tenements, with the appurtenances. John Chilcott, in the will of Emanuel Chilcott mentioned, (which said John Chilcott was the heir at law of the said Emanuel Chilcott,) in the year of our Lord 1765, intermarried with one A., B., and afterwards, and in the life-time of the said Eleanor White, in the month of December 1808, died, without ever having had any heir male by him lawfully begotten, and without having levied a fine or suffered a recovery of the tenements aforesaid, with the appurtenances, or any part thereof; but the said John Chilcott had issue, one Sarah Chilcott, his only daughter, and in the year our Lord 1789, the said Sarah Chilcott intermarried with one Thomas Webb, by whom she had issue one John Chilcott Webb, her only son; and on the 4th day of April 1810, she the said Sarah Webb died; whereupon and whereby the said John Chilcott Webb became and was the heir at law of the said Emanuel Chilcott. John Chilcott Webb, after the death of his said mother Sarah Webb, to wit, on the 13th day of August 1814, by a certain indenture bearing date the day and year last aforesaid, and made between the said John Chilcott Webb and Louisa his wife, of the one part, and William Gray, late of Crewkerne, in the county Somerset, Esquire, since deceased, of the other part, for the con-[52]-siderations therein mentioned, demised the said tenements called Truckwell estate, with the appurtenances, to the said William Gray, his executors, administrators, and assigns, for the term of 1000 years; and it was by the said indenture declared that a certain fine sur cognuzance de droit come ceo, &c., with proclamations levied of the said premises by the said John Chilcott Webb and Louisa his wife, should enure to and to the use of the said William Gray, his executors, administrators, and assigns, during the said term of 1000 years, and subject thereto to the only proper use and behoof of the said John Chilcott Webb, his heirs and assigns for ever. The said William Gray, on the 21st day of October 1815, duly made and executed his will, and thereby, without specifically devising or bequeathing the said tenements, with the appurtenances, or any part thereof, after certain devises and bequests, devised and bequeathed all the residue of his real and personal estate to the said John Slade, his executors, administrators, and assigns, and appointed him sole executor of his said will, and the said William Gray, on the 13th day of August 1817, died without altering or revoking the same, and the said John Slade, on the 17th day of December 1817, duly proved the said will in the Prerogative Court of the Archbishop of Canterbury, and took upon himself the execution thereof, whereupon and whereby the said John Slade, after the death of the said Eleanor White, to wit, on the said 20th day of July 1820 aforesaid, entered into the said tenements claiming the same, and 5B.ftC.53. DOE V. PERRATT 21 was possessed thereof as the law requires, and being so...
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