James Byron Bamford v Charles Lord and Others, Tenants, and Edward Chadwick and Others, Landlords
| Jurisdiction | England & Wales |
| Judgment Date | 13 June 1854 |
| Date | 13 June 1854 |
| Court | Court of Common Pleas |
English Reports Citation: 139 E.R. 291
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 23 L. J. C. P. 172.
james byron bamford v. charles lord and others, Tenants, and edward chadwick and others, Landlords. June 13, 1854. [S. C. 23 L. J. C. P. 172.] Testator gave and devised certain freeholds and leaseholds to his son John, his heirs or assigns for ever, or according to the nature or tenure thereof; provided that, in case of the decease of John without leaving lawful issue, then he gave and devised the same to his _ son William, to hold the same to him, his heirs and assigns for ever, or according to the nature or tenure thereof. He then gave and devised other property of the like description to his son William, with a similar proviso in favour of John, in the event of William's dying without leaving lawful issue:-Held, that the circumstance of the gift comprising leasehold as well as freehold, did not alter the settled construction of the words "dying without leaving lawful issue," as applied to the realty; and, consequently, that the testator's two sons took estates-tail in the freeholds respectively devised to them, with cross-remainders in tail between them. This was a writ of ejectment for the recovery of lands in the parish of Kochdale, in the county of Lancaster. Edward Chadwick and James Chadwick appeared as landlords, and defended for a part of the land in the writ mentioned; and Sarah Chadwick, an infant, by Mary Chadwick, her guardian, pursuant to an order of Talfourd, J., dated the 1st of December, 1853, appeared as landlady, and defended for other part. By a special verdict it was found, that, before and at the time of the making of the last will and testament next thereinafter mentioned, one John Stott was seised in his demesne as of fee of and in certain messuages, lands, and tenements, with the appurtenances, in the said will thereinafter mentioned, and situate at and there called Benthouse and Gatehouse, in the county of Lancaster,-being all such part of the messuages, lands, tenements, and premises in the writ in this action mentioned, as were situate at Benthouse and Gatehouse aforesaid, except the dwelling-house thereinafter parti~[709]-cularly mentioned and described; and also of and in certain other messuages, lands, and tenements, with the appurtenances, in the said will thereinafter mentioned, and situate at Wuerdale, in the said parish of Eochdale, and county of Lancaster,-and being other part of the messuages, lands, tenements, and premises in the writ in this action mentioned; and was also seised as of fee of and in the reversion of a certain other messuage or dwelling-house, with the appurtenances, situate in the parish of Eochdale, in the county of Lancaster, immediately expectant upon the death of his sisters, Mary Stott, and Jane Stott, as in the said will thereinafter mentioned, and which said messuage or dwelling-house was in the writ in this action described as "a dwelling-house at Benthouse aforesaid, and now occupied as two dwellings, by John Joblin and Henry Nuttall;" and was also possessed of certain leasehold messuages, cottages, or dwelling-houses thereinafter in his will mentioned, but which were not in dispute in this action, for the residue of a term of 999 years, of which upwards of 900 were unexpired; and that, being so seised and possessed, he the said John Stott, on the 28th of January, 1812, duly made and published his last will and testament, signed by him, and attested and subscribed in his presence by three credible witnesses, according to the form of the statute in such case made and provided, which said will was according to the tenor and effect following :- " This the last will and testament of me, John Stott, of Benthouse, in the parish of Eochdale, and county of Lancaster, which I make in perfect sound mind and understanding, as follows:-First, I will, order, and direct that all my just debts, funeral expenses, and the charges of proving this my last will, and carrying the same 292 B AMPOED V. LORD 14 C. B. 710. into full execution and effect, be paid by my executors hereinafter named, out of the personal effects [710] coming to their hands by virtue of this my will. Also, I give and bequeath unto my wife Ann Stott all my household furniture, beds and bedding (except the beds and furniture hereinafter mentioned to be otherwise disposed of), with power to dispose of the same in such manner as she shall think proper. Also, I give, devise, and bequeath unto my said wife all my estates, lands, tenements, hereditaments, and premises, and all my effects not hereinbefore disposed of, during the term of her natural life only; and, subject thereto, I give, devise, and bequeath unto my son John Stott all my estates called Benthouse and Gatehouse, in the parish of Bochdale, in the county of Lancaster, save and except the several closes, inclosures, and parcels of meadow and pasture land, and buildings, being part of the said Bent-house and Gatehouse estates, and the privileges hereinafter mentioned, and given and bequeathed to my son William Stott: Also all those my two leasehold messuages, cottages, or dwelling-houses, situate at Gatehouse aforesaid, and in the tenures or occupations of John 'Butterworth and Thomas Wike,-to hold the same, and the appurtenances (except as aforesaid) unto my said son John Stott, his heirs and assigns for ever, or according to the nature and tenure thereof; charged and chargeable, nevertheless, and I do hereby charge the same estates, tenements, and hereditaments, with the payment of the sum of 3001., which I hereby give and bequeath to my daughter Sarah Stott during the term of her natural life; also charged and chargeable, and I do hereby charge the same estates, tenements, and hereditaments, with the further sum of 3001., which I hereby gave and bequeath unto my daughter Martha, the wife of William Sutcliffe, during the term of her natural life: Provided, that, in case of the decease of my said son John Stott without leaving lawful issue, then I give and devise the same estates and tenements [711] and hereditaments, so charged, to my son William Stott, to hold the same to him, his heirs and assigns, for ever, according to the nature or tenure thereof: And I do will, order, and direct that my said son John Stott, his heirs and assigns, shall pay to my said daughter Sarah lawful interest upon the said legacy or sum of 3001. so given and bequeathed to her, and charged as hereinbefore mentioned, during the term of her natural life, by equal half-yearly payments, the first of which I order and direct shall be made to her within six months after the decease of the survivor of me and my said wife : Provided also, and it is my will and mind, that, in case of the decease of my said daughter Sarah without leaving lawful issue, then I will, order, and direct, and I do hereby give and bequeath the said legacy or sum of 3001. so given and bequeathed to my said daughter Sarah, to my daughter Susan during the term of her natural life, and the interest to be paid in like manner: and, in case of her decease without leaving lawful issue, then it is my will and mind, and I do hereby give and bequeath the said legacy to my said sons John and William Stott equally betwixt them : and provided, that, in case of the decease of my said sons without leaving lawful issue, then it is my will and mind, and I do hereby give and bequeath the said legacies equally amongst my said daughters then living, share and share alike (except as to my daughter Martha and her issue); and, in case of the decease of my said daughters (except my said daughter Martha and her issue), leaving lawful issue, then I will, order, and direct, that such issue shall take their parent's share, and, if but one, that one only: Provided, that, in case of the decease of my said daughter Martha, leaving lawing issue or children under age, I will, order, and direct that such children shall receive their parent's share, if more than one, equally amongst them, as they attain their respective ages of twenty-one years, and that [712] the interest in the meantime shall be applied in their bringing up, maintenance, and education, and, in case of only one child, to that one child only: Provided also, that, in case of the decease of my said daughter Martha without leaving lawful issue, then I will, order, and direct, and I do hereby give and bequeath the said legacy or sum of 3001. so given to her, to my sons John and William Stott equally between them share and share alike. Also I give, devise, and bequeath unto my son William Stott, all that my tenement, farm, buildings, and premises, situate at Wuerdale, in the parish of Eochdale aforesaid, and in the occupation of Dorothy Eidings, her assigns or undertenants; also all those several closes, inclosures, or parcels of meadow and pasture land, being parcel of the said Benthouse and Gatehouse estates, not hereinbefore disposed of, commonly called and known by the several name and names of the Turnbill Meadow, a small slip of land adjoining the north-east corner thereof, extending along the south side of the Eochdale Canal 14C.B.713. BAMFORD V. LORD 293 to an occupation bridge next thereto, and bounded on the easterly side thereof by an occupation road leading from Benthouse to the new bridge; also the Bent Earth meadow and garden adjoining thereto; also that part of Benthouse Fold lying on the south-westerly side thereof, and divided by the road or way leading from the said canal bridge towards the Gatehouse; also the right of using the said road in common with others for all tenantable purposes; also the,privilege of using the water flowing from the bottom of the Bent Meadow through the said southerly side of the Benthouse Fold, for watering the said Turnbill Meadow, and for all other tenantable purposes; and also the full right...
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