Hastings v Hane
| Jurisdiction | England & Wales |
| Judgment Date | 16 March 1833 |
| Date | 16 March 1833 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 520
HIGH COURT OF CHANCERY
Will. Construction. Ecclesiastical Court.
[54] newton v. lucas. March 13, 15, 1833. [S. C. reversed, 1 My. & C. 391 ; 40 E. R. 425.] Will. Construction. Testatrix devised all her messuages situated in Denmark Court. She had five houses situate in the court, and another which fronted towards the Strand, and formed one side of a covered passage loading to the place where the five were situate, and which had attached to the back of it an outbuilding abutting on ground in Denmark Court. Held, that the five houses only passed. Kitty Levy Newton, by her will, dated the 12th of August 1823, devised to trustees all those her freehold messuages, lands, tenements and hereditaments, situate and being in Denmark Court, Haydon Square, Hennage Lane and Booker's Gardens, to hold to them, their heirs and assigns, upon trust, out of the rents, to pay certain annuities, and subject thereto, to hold the said messuages, lands, tenements and hereditaments in Denmark Court and Haydon Square upon the trusts therein mentioned. (1) See Foster v. Hodgson, 19 Ves. 180; Earl Ddamine v. Browne, 3 Bro. C. C. 633, and the authorities referred to in Mr. Belt's note to that (2) (3) . 516 NEWTON V. LUCAS 6 SIM. SS. The testatrix was seised of five freehold houses, numbered 15, 18, 19, 21 and 22, which were admitted to be situate in Denmark Court. She was also seised of another freehold house, numbered 383, situate in and fronting towards and having its principal entrance on the north side of the Strand, and having adjoining to it, at the back, an outbuilding of much lower elevation than the house, and appearing to have been built after it. This outbuilding was used as a bakehouse, and one end of it abutted on ground admitted to be in Denmark Court. A narrow way or passage, which appeared to have been made through the ground-floors of the house numbered 383 and the adjoining house numbered 382 in the Strand, and which was covered by parts of the first floors of those two houses, led northwards from the Strand to the place in which the five houses were situate, and was much narrower than that place. The house numbered 383 had a side door [55] (which was not numbered) opening into the passage; and the words, " Denmark Court" were painted on the walls or door-posts of the houses numbered 382 and 383, at, the entrance of the passage nearest the Strand, and also on the house numbered 21, which was next beyond the bakehouse. All the houses admitted to be in Denmark Court were uniform in structure ;" bub differed, in that respect, from the house numbered 383, and were greatly inferior to it in elevation and size. The houses numbered 382 and 383, and those to which the passage led, had all formerly been one entire estate; and numbers 382 and 383 were described in the title-deeds and leases, and in the assessments to the land tax and poors' rates, as situate in the Strand, and the others, as situate in Denmark Court. The estate afterwards became joint property, and the proprietors having agreed to make partition, number 383, which was described in the award as situate in the Strand, and numbers 15, 18, 19, 21 and 22, as in Denmark Court, were allotted to the person under whom the testatrix claimed; and number 382, which was described as in the Strand, and the rest of the houses which were described as in Denmark Court, were allotted to the other joint proprietor. The letters to and from the occupiers of number 383 were directed to and dated from the Strand, and they were described in deeds and in their cards of address as being resident there. The only instance in which number 383 was differently described was in an agreement which the testa-[56]-trix entered into in 1825, to grant a lease of that house to W Ward, in which it was described as situate in Denmark Court passage, but Ward, who was then in the occupation of the house, was described in the agreement, as of the Strand. The Plaintiff's witnesses represented Denmark Court as consisting of the passage as well as the place into which it opened on the north; and one of them said that all the six houses were known to the testatrix as, and called by her, "her Denmark Court houses :" but in a map or plan, which they said was a correct map or plan of Denmark Court and the houses, streets and places adjacent thereto, the house numbered 382 was omitted. The Defendant's witnesses described Denmark Court as consisting only of the place into which the north end of the passage opened. The bill was filed by parties beneficially...
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