Doe on the demise of the Rev. Thomas Morgan, Clerk, against John Morgan
| Jurisdiction | England & Wales |
| Judgment Date | 18 May 1827 |
| Date | 18 May 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 540
IN THE COURT OF KING'S BENCH.
S. C. 9 D. & R. 633; 5 L. J. K. B. O. S. 268. Referred to, Davenport v. Coltman, 1842, 9 Mee. & W. 492; Doe v. Earles, 1846, 15 Mee. & W. 455.
doe on the demise or the Esv. thomas morgan, Clerk, against john morgan. Friday, May 18th, 1827. Beal estates will pass under the word property in a will, unless there be other expressions to shew that it is used in a more confined sense ; therefore, where a testator, after giving some pecuniary legacies, proceeded thus : "And all my property and effects of all claims I shall have, I give to my brother John ; but my mother is at liberty to give 10001. of my property where she pleases :" it was held, that the real estate passed to the brother. [S. C. 9 D. & E. 633,; 5 L. J. K. B. 0. S. 268. Eeferred to, Davenport v. CoUman, 1842, 9 Mee. & W. 492; Doe v. Earles, 1846, 15 Mee. & W. 455.] Ejectment to recover certain lands and premises in the parish of Llywell, in the county of Brecon. The demise was laid on the 13th of January 1826. At the trial before Garrow B., at the Summer Assizes for the county of Hereford, 1826, a verdict was found for the defendant, subject to the opinion of this Court upon the following case : Thomas Morgan, the lessor of the plaintiff, was the eldest brother and heir at law of David Morgan deceased. David Morgan being seised in fee of the premises in question, made his last will and testament in writing, bearing date the 3d day of January 1822, duly executed and attested to pass real estates as follows : [513] " Jany. 3rd 11822. In the name of God Amen. as in tlie bond " I give to Wm. 500 as intrest of £500 during his life to Howell Jones apprentice A if he will wake a sobor life with the secuirety of person of the parish where he lives the sum of £5 pr year. And all my property and effects of all claimes I shall have I give to my brother John Morgan of Tull Glase in Cray but my mother is at liberty to give £1000 of my property where she please. This is my last will .by me, " david morgan." 63.tcG.SU. DOE V. MORGAN 541 David Morgan, the testator, died before the 13th January 1826, without altering such will, being so seised and also possessed of personal property to the amount of 60001. John Morgan the defendant, and John Morgan mentioned in the will, are the same person. Campbell for the plaintiff. The real estate does not pass under this will. It is a general rule that the heir at law is not to be disinherited but by express words or...
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