Hall v Fisher
| Jurisdiction | England & Wales |
| Judgment Date | 09 February 1844 |
| Date | 09 February 1844 |
| Court | High Court of Chancery |
English Reports Citation: 63 E.R. 315
HIGH COURT OF CHANCERY
S. C. 8 Jur. 119. See Hardwick v. Hardwick, 1873, L. R. 16 Eq. 173. Questioned, In re Bright-Smith, 1886, 31 Ch. D. 314.
[47] hall . fisher. Feb. 9, 1844. [S. C. 8 Jur. 119! See Hardwick v. Hardwick, 1873, L. E. 16 Eq. 173. Questioned, In re Bright-Smith, 1886, 31 Ch. D. 314.] Devise of " all that freehold farm called the Wick Farm, containing 200 acres or thereabouts, occupied by W. E., as tenant to me, with the appurtenances," to uses applicable to freehold property only. At the date of the will and of the death of the testator W. E. held, under a lease from the testator, 202 acres of land, which were described in the lease as the Wick Farm. Of these, twelve acres were leasehold. Held, that the twelve acres did not pass by the devise. Theophilus Wharton and Brian Wharton were seised in fee, in equal moieties as tenants in common, of a freehold farm at Headington, in the county of Oxford, called the Wick Farm, which comprised, among other lands, a piece of land called Great Hill Ground, containing 19a. 3r. Theophilus Wharton was also possessed of a leasehold farm in Headington, called the Headington Farm, held under a lease for years of the president and scholars of Magdalen College, Oxford. In October 1825 it was agreed between the Whartons and Magdalen College that Theophilus Wharton should, under the Land Tax Eedemption Acts, purchase of the college a piece of land (parcel of the leasehold farm) which was lying opposite his residence, and that the Whartons should sell to the college 6a. Ir. 28p., part of the close called Great Hill Ground; and that the Whartons should exchange with the 816 HALL V. FISHER i COLL. 48. college 6a., further part of the Great [48] Hill Ground, for certain lands belonging to the leasehold farm which were lying intermingled with the Wick Farm. This agreement was carried into execution by indentures of lease and release, dated the 7th and 8th October 1820, and by an indenture of exchange of the latter date. Notwithstanding this arrangement, however, the 6a. Ir. 20p. and the 6a. continued to be treated and occupied by the Whartons as part of Wick Farm, the lands being, in fact, in their personal occupation. Theophilus Wharton died in October 1831, having by his will, after devising a farm at Sutton, in the county of Oxford, as therein mentioned, devised all other his freehold and real estates to the use of his brother Brian for life, remainder to the use of his nephew, Mark Theophilus Morrell, in fee. And he devised all his leasehold messuage, farm, lands and premises situate at Headington, and which he held as lessee under Magdalen College, to his said nephew, Mark Theophilus Morrell, his...
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