Harman v Gurner
| Jurisdiction | England & Wales |
| Judgment Date | 30 January 1866 |
| Date | 30 January 1866 |
| Court | High Court of Chancery |
English Reports Citation: 55 E.R. 981
ROLLS COURT
[478] harman v. gurner. Jan. 30, 1866. A person purchased a piece of land abutting on 0. Street on the east and on T. Street on the west. He built two houses, one in 0. Street and the other in T. Street, and he divided the property into two portions. By his will, he devised " all that his freehold estate situate in T. Street." Held, that the whole property passed. The testator, by his will dated in 1862, devised to his son and his heirs " all that his freehold estate situate in Three Colt Street, Old Ford, Bow, in the county of Middlesex." The testator died in 1863. With regard to this property, it appeared that, in 1837, the testator had purchased a plot of land 134 feet by 15 feet, which abutted on Old Ford Eoad towards the east, and 011 Three Colt Street on the west. In 1838 he erected two separate houses, one fronting Old Ford Road and numbered No. 4, and the other fronting Three Colt Street and numbered 5. He divided the two gardens which were at the backs of these houses. There was some parol evidence that the premises were called by the testator his freehold property in " Three Colt Street." The question was, whether the whole of this property passed to the son under the devise. Mr. Graham Hastings, for the Plaintiff, argued that the whole property passed, because it was not only the testator's freehold estate in Three Colt Street, but because that was the name by which the testator usually designated the whole of this property ; Newton v. Lucas (6 Sim. 54, and 1 Myl. & Craig, 391). [479] Mr. Dauney, in the same interest. 982 JOHNSON V. THE EDGSWARE, ETC., RAILWAY COMPANY 38BEAV.480. Mr. Crossley, for the residuary legatee. The property in Three Colt Street, which exactly fits the description, alone passes. The other premises were the testator's " estate in Old Ford Road." The parol evidence is inadmissible. He cited Smith v. Ridgway (1 Law Reports (Ex.), 46); Doe v. Bowen (3 Barn. & Ad....
To continue reading
Request your trial