Goodright, on the Demise of Ann Hoskins, against Thomas Hoskins
| Jurisdiction | England & Wales |
| Judgment Date | 05 February 1808 |
| Date | 05 February 1808 |
| Court | Court of the King's Bench |
English Reports Citation: 103 E.R. 590
IN THE COURT OF KING'S BENCH.
Doubted, Davis v. Davis, 1831, 1 Russ. & My. 648. Distinguished James v. Shannon, 1868, Ir. R. 2 Eq. 131. Referred to, Cropton v. Davies, 1869, L. R. 4 C. P. 167.
[306] GOODRIGHT, ON THE DEMISE OF ANN HOSKINS, against THOMAS HOSKINS. Friday, Feb. 5th, 1808. By a bequest of leasehold to E. until his (eldest) son T. shall attain 21, and no longer; but in case T. shall die in minority, then to J. or 0. (his younger brothers) or either surviving or attaining 21, as aforesaid ; with a desire that B. would quit and deliver up the premises as aforesaid, and confirming the bequest of them to B.'s family on his relinquishment of a certain claim, which he did relinquish: Held that T. on his attaining 21 took the estate by necessary implication; though there was a devise of the residue to N. the younger brother of E. [Doubted, Dems v. Davis, 1831, 1 Euss. & My. 648. Distinguished, James v. Shannon, 1868, Ir. E. 2 Eq. 131. Beferred to, Cropton v. Dames, 1869, L. E. 4 C. P. 167.] This was an ejectment for a messuage and lands, called Eoskief, in the parish of Saint Allen in the county of Cornwall, and the demise was laid on the 13th of March 1805. At the trial at Bodmin, before Graham B. a verdict was found for the plaintiff, subject to the opinion of this Court on the following case : John Hoskins was possessed of the premises in question for a term of 99 years, still subsisting, and also of other leasehold premises, called Boswellack. On the 17th of March 1800, having two sons, Eichard and Nicholas, and Eichard having nine children, of whom Thomas, John, Eichard, and Dorothy, were four; John Hoskins made his will, in which, after giving to his wife, Ann Hoskins, an annuity of 101. for her life, payable out of his interest in the leasehold premises of Boswellack, and 201. worth of such articles of household furniture as she should select, are these words; " I also give and bequeath unto my beloved son Eichard Hoskins 5 guineas, and desire that he may, as soon as may be, be paid his wife's distributive share out of Boswellack, as the same was settled by bond made previous to my marriage with my said wife Ann. I likewise give and bequeath unto my said son Eichard the leasehold (5) Ante, 160. (a) Mr. Justice Lawrence was absent. 9 EAST, SOT. GOODRIGHT V. HOSKINS 591 premises of Roskief in Saint Allen aforesaid, to hold the same unto my...
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